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Housing and Planning Act 2016

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This is the original version (as it was originally enacted).

Consequences of banning order, including consequences of breach

21Offence of breach of banning order

(1)A person who breaches a banning order commits an offence.

(2)A person guilty of an offence under subsection (1) is liable on summary conviction to imprisonment for a period not exceeding 51 weeks or to a fine or to both.

(3)If a financial penalty under section 23 has been imposed in respect of the breach, the person may not be convicted of an offence under this section.

(4)Where a person is convicted under subsection (1) of breaching a banning order and the breach continues after conviction, the person commits a further offence and is liable on summary conviction to a fine not exceeding one-tenth of level 2 on the standard scale for each day or part of a day on which the breach continues.

(5)In proceedings for an offence under subsection (4) it is a defence to show that the person had a reasonable excuse for the continued breach.

(6)In relation to an offence committed before section 281(5) of the Criminal Justice Act 2003 comes into force, the reference in subsection (2) to 51 weeks is to be read as a reference to 6 months.

22Offences by bodies corporate

(1)Where an offence under section 21 committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, an officer of a body corporate, the officer as well as the body corporate commits the offence and is liable to be proceeded against and punished accordingly.

(2)Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were an officer of the body corporate.

23Financial penalty for breach of banning order

(1)The responsible local housing authority may impose a financial penalty on a person if satisfied, beyond reasonable doubt, that the person’s conduct amounts to an offence under section 21(1).

(2)In this section “responsible local housing authority” means the local housing authority for the area in which the housing to which the conduct relates is situated.

(3)Only one financial penalty under this section may be imposed in respect of the same conduct unless subsection (4) allows another penalty to be imposed.

(4)If a breach continues for more than 6 months, a financial penalty may be imposed for each additional 6 month period for the whole or part of which the breach continues.

(5)The amount of a financial penalty imposed under this section is to be determined by the authority imposing it, but must not be more than £30,000.

(6)The responsible local housing authority may not impose a financial penalty in respect of any conduct amounting to an offence under section 21(1) if—

(a)the person has been convicted of an offence under that section in respect of the conduct, or

(b)criminal proceedings for the offence have been instituted against the person in respect of the conduct and the proceedings have not been concluded.

(7)Schedule 1 deals with—

(a)the procedure for imposing financial penalties,

(b)appeals against financial penalties, and

(c)enforcement of financial penalties.

(8)The Secretary of State may by regulations make provision about how local housing authorities are to deal with financial penalties recovered.

(9)The Secretary of State may by regulations amend the amount specified in subsection (5) to reflect changes in the value of money.

(10)A local housing authority must have regard to any guidance given by the Secretary of State about the exercise of its functions under this section or Schedule 1.

24Saving for illegal contracts

A breach of a banning order does not affect the validity or enforceability of any provision of a tenancy or other contract entered into by a person despite any rule of law relating to the validity or enforceability of contracts in circumstances involving illegality.

25Banned person may not hold HMO licence etc

Schedule 2 changes the rules about granting and revoking licences under Parts 2 and 3 of the Housing Act 2004 where a banning order has been made.

26Management orders following banning order

Schedule 3 amends the Housing Act 2004 to allow interim and final management orders to be made in cases where a banning order has been made.

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