Change 1 Article Choose an article Title and introductory text 9 Definitions 10 Duty to grant planning permission etc 11 Exemption from duty 12 Further and consequential amendments 13 Introduction to this Part 14 “Banning order” and “banning order offence” 15 Application and notice of intended proceedings 16 Making a banning order 17 Duration and effect of banning order 18 Content of banning order: involvement in bodies corporate 19 Power to require information 20 Revocation or variation of banning orders 21 Offence of breach of banning order 22 Offences by bodies corporate 23 Financial penalty for breach of banning order 24 Saving for illegal contracts 25 Banned person may not hold HMO licence etc 26 Management orders following banning order 27 Prohibition on certain disposals 28 Database of rogue landlords and property agents 29 Duty to include person with banning order 30 Power to include person convicted of banning order offence 31 Procedure for inclusion under section 30 32 Appeals 33 Information to be included in the database 34 Updating 35 Power to require information 36 Removal or variation of entries made under section 30 37 Requests for exercise of powers under section 36 and appeals 38 Access to database 39 Use of information in database 40 Introduction and key definitions 41 Application for rent repayment order 42 Notice of intended proceedings 43 Making of rent repayment order 44 Amount of order: tenants 45 Amount of order: local housing authorities 46 Amount of order following conviction 46A Amount of order: supplementary 47 Enforcement of rent repayment orders 48 Duty to consider applying for rent repayment orders 49 Helping tenants apply for rent repayment orders 50 Rent repayment orders: consequential amendments 51 Housing benefit: inclusion pending abolition 51A Landlord which is body corporate: liability of directors etc 52 Interpretation of Chapter 53 Appeals from the first-tier tribunal 54 Meaning of “letting agent” and related expressions 55 Meaning of “property manager” and related expressions 56 General interpretation of Part 64 Grants by Secretary of State 65 Grants by Greater London Authority 66 Monitoring 67 Consequential changes to HCA's duty to give grants 68 Interpretation of Chapter 69 Payments to Secretary of State 70 Housing to be taken into account 71 Procedure for determinations 72 More about determinations 73 Determinations in the first year that section 69 comes into force 74 Reduction of payment by agreement 75 Set off against repayments under section 69 76 Duty to consider selling vacant higher value housing 77 Local authority disposal of housing: consent requirements 78 Set off under section 11 of Local Government Act 2003 79 Interpretation of Chapter 80 Mandatory rents for high income local authority tenants 81 Meaning of “high income” etc 82 Information about income 83 HMRC information 84 Reverting to original rent levels 85 Power to change rents and procedure for changing rents 86 Payment by local authority of increased income to Secretary of State 87 Provision of information to Secretary of State 88 Interaction with other legislation and consequential amendments 89 Private providers: policies for high income social tenants 90 HMRC information for private registered providers 91 Interpretation of Chapter 92 Reducing social housing regulation 93 Reducing local authority influence over private registered providers 94 Recovery of social housing assistance: successors in title 95 Housing administration order: providers of social housing in England 96 Objectives of housing administration 97 Objective 1: normal administration 98 Objective 2: keeping social housing in the regulated sector 99 Applications for housing administration orders 100 Powers of court 101 Housing administrators 102 Conduct of administration etc 103 Housing administrator may sell land free from planning obligations 104 Winding-up orders 105 Voluntary winding up 106 Making of ordinary administration orders 107 Administrator appointments by creditors etc 108 Enforcement of security 109 Grants and loans where housing administration order is made 110 Indemnities where housing administration order is made 111 Indemnities: repayment by registered provider etc 112 Guarantees where housing administration order is made 113 Guarantees: repayment by registered provider etc 114 Modification of this Chapter under the Enterprise Act 2002 115 Amendments to housing moratorium and consequential amendments 116 Interpretation of Chapter 117 Application of Part to Northern Ireland 122 Electrical safety standards for residential properties let by landlords 123 Electrical safety standards: enforcement 124 Assessment of accommodation needs 126 Financial penalty as alternative to prosecution under Housing Act 2004 128 Tenancy deposit information 129 Use of information obtained for certain other statutory purposes 130 Tenants' associations: power to request information about tenants 131 Limitation of administration charges: costs of proceedings 132 Estate agents: lead enforcement authority 133 Power to require property agents to join client money protection schemes 134 Client money protection schemes: approval or designation 135 Enforcement of client money protection scheme regulations 136 Enfranchisement and extension of long leaseholds: calculations 137 Redemption price for rentcharges 139 Designation of neighbourhood areas 140 Timetable in relation to neighbourhood development orders and plans 141 Making neighbourhood development orders and plans: intervention powers 142 Local planning authority to notify neighbourhood forum of applications 143 Power to direct amendment of local development scheme 144 Power to give direction to examiner of development plan document 145 Intervention by Secretary of State 146 Secretary of State's default powers 147 Default powers exercisable by Mayor of London or combined authority 148 Costs of independent examinations held by Secretary of State 149 Planning powers of the Mayor of London 150 Permission in principle for development of land 151 Local planning authority to keep register of particular kinds of land 152 Approval condition where development order grants permission for building 153 Planning applications that may be made directly to Secretary of State 154 Planning freedoms: right for local areas to request alterations to planning system 156 Local planning authorities: information about neighbourhood development plans 157 Planning applications etc: setting of fees 160 Development consent for projects that involve housing 161 Processing of planning applications by alternative providers 162 Regulations under section 161: general 163 Regulations under section 161: fees and payments 164 Regulations under section 161: information 165 Review of minimum energy performance requirements 166 Designation of urban development areas: procedure 167 Establishment of urban development corporations: procedure 168 Sections 166 and 167: consequential repeals 169 Designation of new town areas and establishment of corporations: procedure 170 New towns: objects of development corporations in England 171 Sustainable drainage 172 Right to enter and survey land 173 Warrant authorising use of force to enter and survey land 174 Notice of survey and copy of warrant 175 Enhanced authorisation procedures etc. for certain surveys 176 Right to compensation after entry on or survey of land 177 Offences in connection with powers to enter land 178 Right to enter and survey or value Crown land 179 Amendments to do with sections 172 to 178 180 Timetable for confirmation of compulsory purchase order 181 Confirmation by inspector 182 Time limits for notice to treat or general vesting declaration 183 Notice of general vesting declaration procedure 184 Earliest vesting date under general vesting declaration 185 No general vesting declaration after notice to treat 186 Extended notice period for taking possession following notice to treat 187 Counter-notice requiring possession to be taken on specified date 188 Agreement to extend notice period for possession following notice to treat 189 Corresponding amendments to the New Towns Act 1981 190 Abolition of alternative possession procedure following notice to treat 191 Extended notice period for taking possession following vesting declaration 192 Making a claim for compensation 193 Compensation after withdrawal of notice to treat 194 Making a request for advance payment of compensation 195 Power to make and timing of advance payment 196 Interest on advance payments of compensation 197 Repayment of advance payment where no compulsory purchase 198 Repayment of payment to mortgagee if land not acquired 199 Objection to division of land 200 Objection to division of land: blight notices 201 Power to quash decision to confirm compulsory purchase order 202 Extension of compulsory purchase time limit during challenge 203 Power to override easements and other rights 204 Compensation for overridden easements etc 205 Interpretation of sections 203 and 204 206 Amendments to do with sections 203 and 204 212 Power to make transitional provision 213 Power to make consequential provision 214 Regulations: general 215 Extent 216 Commencement 217 Short title SCHEDULE 1 Financial penalty for breach of banning order SCHEDULE 2 Banned person may not hold HMO licence etc SCHEDULE 3 Management orders following banning order SCHEDULE 4 Reducing social housing regulation SCHEDULE 5 Conduct of housing administration: companies SCHEDULE 6 Amendments to housing moratorium and consequential amendments SCHEDULE 9 Financial penalty as alternative to prosecution under Housing Act 2004 SCHEDULE 10 Enfranchisement and extension of long leaseholds: calculations SCHEDULE 11 Default powers exercisable by Mayor of London or combined authority: Schedule to be inserted in the Planning and Compulsory Purchase Act 2004 SCHEDULE 12 Permission in principle for development of land: minor and consequential amendments SCHEDULE 14 Right to enter and survey land: consequential amendments SCHEDULE 15 Notice of general vesting declaration procedure SCHEDULE 16 Abolition of alternative possession procedure following notice to treat SCHEDULE 17 Objection to division of land following notice to treat SCHEDULE 18 Objection to division of land following vesting declaration SCHEDULE 19 Amendments to do with sections 203 and 204
What to do with it
As published
14 “Banning order” and “banning order offence”
(1) In this Part “banning order” means an order, made by the First-tier Tribunal, banning a person from—
(a) letting housing in England,
(b) engaging in English letting agency work,
(c) engaging in English property management work, or
(d) doing two or more of those things.
(2) See also section 18 (which enables a banning order to include a ban on involvement in certain bodies corporate).
(3) In this Part “banning order offence” means an offence of a description specified in regulations made by the Secretary of State.
(4) Regulations under subsection (3) may, in particular, describe an offence by reference to—
(a) the nature of the offence,
(b) the characteristics of the offender,
(c) the place where the offence is committed,
(d) the circumstances in which it is committed,
(e) the court sentencing a person for the offence, or
(f) the sentence imposed.
(5) An offence under section 12 of the Tenant Fees Act 2019 is also a banning order offence for the purposes of this Part.
Your wording
Your change, as a redline
14 “Banning order” and “banning order offence”
(1) In this Part “banning order” means an order, made by the First-tier Tribunal, banning a person from—
(a) letting housing in England,
(b) engaging in English letting agency work,
(c) engaging in English property management work, or
(d) doing two or more of those things.
(2) See also section 18 (which enables a banning order to include a ban on involvement in certain bodies corporate).
(3) In this Part “banning order offence” means an offence of a description specified in regulations made by the Secretary of State.
(4) Regulations under subsection (3) may, in particular, describe an offence by reference to—
(a) the nature of the offence,
(b) the characteristics of the offender,
(c) the place where the offence is committed,
(d) the circumstances in which it is committed,
(e) the court sentencing a person for the offence, or
(f) the sentence imposed.
(5) An offence under section 12 of the Tenant Fees Act 2019 is also a banning order offence for the purposes of this Part.
A proposal here is not law. Support on Solon is evidence that people want the change; the official route says what it takes to make it law.