Banning Orders and the Rogue Landlord Database

Introduction

The Housing and Planning Act 2016 created a number of new enforcement powers that local authorities can use to enforce against the small number of criminal landlords in the sector. The most common of these are the civil penalties. However for more serious cases, local authorities can use banning orders to prevent a landlord from renting out any property. If a banning order is used, this should lead to a landlord being added to the rogue landlord database.

Renters’ Rights Act

The Renters' Rights Bill, the most significant set of changes to the PRS in over 30 years, completed its passage through parliament on 27th October 2025 and is now the Renters' Rights Act.

The legislation doesn't apply to your tenancies yet though. The legislation will not come into force until 1 May 2026. From that date, the Act will:

• Abolish Section 21;
• Change the notice periods and grounds available for Section 8 notices;
• Change the type of tenancy you can offer;
• Ban rent in advance before the tenancy is signed;
• Only allow rent increases via a Section 13 notice;
• Change advertising practices; and 
• Significantly strengthen local authority enforcement powers.

The rest of the of the Renters' Rights Act, including the private rented database and the Decent Homes Standard, will follow at a later date.

The advice and resources on this page is currently accurate but will be outdated on 1 May 2026. 

The NRLA is currently preparing a suite of replacement guides and tenancy documents to help you manage the transition smoothly.

For further information on the Renters' Rights Act and its details, please see our dedicated Renters' Rights hub.

What can a banning order be issued for?

The local authority may seek a banning order where the landlord or agent has been convicted of a banning order offence under the Housing and Planning Act 2016 (Banning Order Offences) Regulations 2017:

• unlawful eviction or harassment
• using or threatening violence for securing entry into premises
• failure to comply with an improvement notice
• failure to comply with a prohibition order
• not having an additional, mandatory or HMO licence where required, or breaching a condition of a licence
• failure to comply with HMO management regulations
• failure to comply with overcrowding notices or fire safety regulations in a HMO
• breach of gas safety regulations
• requiring a 'relevant person' to make a prohibited payment under the Tenant Fees Act
• being convicted of the criminal offence of renting to someone without 'right to rent'

In addition to this there are a wide range of other criminal convictions that may lead to a banning order if the act is perpetrated against the tenant such theft, criminal damage, etc.

These offences must have been committed since 6 April 2018 for a banning order to be available.

Are these powers used often?

Not at the present time. Two years after banning orders were made available, only 21 landlords or agents in England had been issued with a banning order. This may increase as time goes on however.

What is the rogue landlord database?

The database was launched in April 2018 and provides a list of landlords and property agents who have been given a banning order, been convicted of a banning order offence when they were acting as a residential landlord or property agent or have received two or more financial penalties for a banning order offence within a period of 12 months whilst operating in the sector.  

Its purpose is to support local authorities in enforcement action and prevent ‘rogues' from moving operations between local authority areas to circumvent the law. Local authorities are responsible for adding entries to the database and have a duty to include anyone who has been given a banning order. 

Who can see the entrants on the rogue landlord database?

Only local authorities can see who is listed on the current rogue landlord database.

Future of the rogue landlord database

in 2019 the Government consulted on extending the rogue landlord database so that the public may view it. In addition, the consultation also asked whether it would be appropriate to include landlords and agents who have:

• been served with an improvement notice
• failed the fit and proper person test for a licence
• been served with one civil penalty instead of two
• been removed from a redress scheme
• had a licence revoked

The response to this consultation has not been published yet.

London rogue landlord database

The Mayor of London and the London Assembly have set up a Rogue landlord and agent checker that can be accessed by the general public.

It contains information about landlords and agents who have been:

• prosecuted or fined for housing-related offences by a local authority in London
• prosecuted for fire safety offences in London
• expelled by one of the agency redress schemes.