Housing and Planning Act 2016 (c. 22)

PART 2 E+W Rogue landlords and property agents in England

Valid from 03/11/2017

CHAPTER 2 E+W Banning orders

Valid from 06/04/2018

Anti-avoidance E+W

27 Prohibition on certain disposals E+W

(1) A person who is subject to a banning order that includes a ban on letting may not make an unauthorised transfer of an estate in land to a prohibited person.

(2) A disposal in breach of the prohibition imposed by subsection (1) is void.

(3) A transfer is “unauthorised” for the purposes of subsection (1) unless it is authorised by the First-tier Tribunal on an application by the person who is subject to the banning order.

(4) In subsection (1) “prohibited person” means—

(a) a person associated with the landlord,

(b) a business partner of the landlord,

(c) a person associated with a business partner of the landlord,

(d) a business partner of a person associated with the landlord,

(e) a body corporate of which the landlord or a person mentioned in paragraph (a) to (d) is an officer,

(f) a body corporate in which the landlord has a shareholding or other financial interest, or

(g) in a case where the landlord is a body corporate, any body corporate that has an officer in common with the landlord.

(5) In section (4)—

• “associated person” is to be read in accordance with section 178 of the Housing Act 1996;

• “business partner” is to be read in accordance with section 34(5) of the Deregulation Act 2015.