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Banning Order Application UK: Form BN1 Guide

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Part ofUK Court & Tribunal Forms

Written by Brad Askew Solicitor (non-practising)
Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice.
Updated June 2026 · England & Wales
A banning order is a powerful tool available to local housing authorities in England when dealing with landlords or property agents who have been convicted of certain criminal offences. Once granted by the First-tier Tribunal, the order prevents the named person from letting property, carrying out letting agency work, or managing property, sometimes across all three areas at once. For anyone on the receiving end of a proposed ban, or for a council considering whether to apply, the process carries strict procedural steps and a 28-day window for representations that cannot be overlooked. This page walks through how applications are made under section 15(1) of the Housing and Planning Act 2016, what the Tribunal weighs up when deciding whether to impose a ban, and the practical consequences for those affected. If you are weighing up your position and want to talk it through, a call with an experienced legal adviser can help.

What this document is

A banning order is a civil order made by the First-tier Tribunal (Property Chamber) that stops a named individual or body corporate from doing specified housing activities in England. The activities covered can include letting residential property, carrying out letting agency work, carrying out property management work, or any combination of these.

Banning orders sit within the framework introduced by the Housing and Planning Act 2016 as part of a wider crackdown on rogue landlords and agents. Only a local housing authority in England can apply for one, and the application is made to the Tribunal using Form BN1.

The person subject to the application must already have been convicted of what the legislation calls a 'banning order offence', which is a specific class of offences set out in regulations made by the Secretary of State. The minimum length of a banning order is twelve months, and there is no fixed maximum, meaning bans can run for several years or, in the most serious cases, indefinitely. Breaching a banning order is itself a criminal offence.

How to use this document

  1. Identify whether a banning order offence has occurred. The local housing authority first needs to be satisfied that the landlord or agent has been convicted of an offence specified in the relevant regulations. These cover matters such as serious housing offences, letting to people disqualified from renting, illegal eviction, and certain fraud and violence offences. Without a qualifying conviction, no banning order can follow.
  2. Serve a notice of intended proceedings within six months. Before applying to the Tribunal, the authority must give the person written notice setting out that it intends to apply for a banning order and the reasons why. The notice must specify the proposed length of each ban and must be served within six months of the underlying conviction. Miss that window and the opportunity is lost.
  3. Allow the 28-day representations period. The notice must invite the person to make written representations during a period of at least 28 days. The authority is required to read and genuinely consider what is said before deciding whether to press ahead. This is often the best practical opportunity for the person to challenge the proposal, raise mitigation, or propose alternatives.
  4. Submit Form BN1 to the First-tier Tribunal. If the authority decides to proceed after considering the representations, it lodges Form BN1 with the First-tier Tribunal (Property Chamber) under section 15(1) of the Housing and Planning Act 2016. The form sets out who the application is against, the offence relied on, and the length and scope of ban sought. Supporting evidence is provided alongside.
  5. Tribunal decides whether to make the order and on what terms. The Tribunal considers the seriousness of the offence, any history of banning order offences, whether the person is on the database of rogue landlords and property agents, and the likely effect of a ban on them and on any third parties such as tenants. It then decides whether to make an order and, if so, what activities it covers and for how long.

Common questions

If you're dealing with this kind of situation, speak to an experienced legal adviser who can walk you through it — from £89.

Common questions

Q Who can apply for a banning order?
Only a local housing authority in England can apply. Tenants, neighbours, and other third parties cannot bring an application themselves, although they can report concerns to the authority. The authority decides, based on the evidence and the public interest, whether to start the process by serving a notice of intended proceedings and later lodging Form BN1 with the First-tier Tribunal.
Q What counts as a banning order offence?
Banning order offences are set out in regulations made by the Secretary of State and include matters such as illegal eviction, harassment of occupiers, certain housing and HMO offences, letting to people disqualified from renting in England, and a range of violence, fraud, and drug offences. The exact list and thresholds can change, so check current guidance on gov.uk for the up-to-date position.
Q How long can a banning order last?
The minimum length is twelve months. There is no fixed upper limit, so the Tribunal can impose a longer ban where the circumstances justify it, including a ban of several years. The length chosen reflects the seriousness of the offence, any previous offending, and the wider public interest in keeping the person out of housing or property management activity.
Q What happens if a banning order is breached?
Breach of a banning order is a criminal offence and can lead to prosecution, a fine, or imprisonment. As an alternative, the local housing authority can impose a financial penalty instead of pursuing a prosecution. A breach may also result in the person's details being added to, or kept on, the database of rogue landlords and property agents.
Q Can I respond to a notice before the application is made?
Yes, and this is an important stage. The authority must invite written representations and allow at least 28 days for them to be made. The authority is required to consider what you say before deciding whether to proceed. Using this window carefully, with a clear and structured response, can make a meaningful difference to the outcome.
Q Does a banning order affect companies as well as individuals?
Yes. A banning order can be made against a body corporate, and in certain circumstances against an officer of a company such as a director, even where the standard condition of being a residential landlord or property agent at the time of the offence is not met. This prevents people from sheltering behind a company structure to avoid the consequences.
Q Is there a right of appeal against a banning order?
A person subject to a banning order can seek to appeal the Tribunal's decision, generally to the Upper Tribunal, and usually requires permission to do so. Time limits are short, so acting quickly is important. Grounds typically focus on errors of law or procedural unfairness rather than simply disagreeing with the Tribunal's assessment of the evidence.
If you're dealing with this kind of situation, speak to an experienced legal adviser who can walk you through it — from £89.

Sources

This guide is based on primary UK law and official guidance.

Brad Askew, Solicitor (non-practising)

Written & reviewed by

Brad Askew Solicitor (non-practising)

Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice. LegalDocuments.co.uk is not a law firm and does not provide regulated legal advice.

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Legal disclaimer
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.