PART 2

Rogue landlords and property agents in England
CHAPTER 2

Banning orders

Consequences of banning order, including consequences of breach

Financial penalty for breach of banning order
23
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.