Part 2: Rogue Landlords and Property Agents in England Chapter 2: Banning Orders Imposition of banning orders Section 16: Making a banning order
This section provides that the First-tier Tribunal may make a banning order against a person who has been convicted of a banning order offence and was a residential landlord or property agent at the time that offence was committed.
	A banning order can only be made on the application of a local housing authority, where that authority has complied with the provisions regarding a service of a notice of intended proceedings, as set out in section 15.
	The requirement to comply with the notice provisions in section 15 does not apply where the application is made in respect of an officer of a body corporate convicted of the same offence as the body corporate, as in that case the local authority is required to apply for the banning order against the officer if also seeking one against the body corporate, which would be served with a notice of intended proceedings. Where an application is made for a banning order against an officer of a body corporate, that officer does not need to have been acting in their own capacity as a residential landlord or property agent at the time the offence was committed. This is to ensure that officers of a body corporate can have banning orders made against them where they have been convicted of the same offence as the body corporate, and can be prevented from acting as landlords or property agents in an individual capacity following a banning order made against the body corporate. Section 16(4) provides that in deciding whether to make a banning order and if so, what order to make, the Tribunal must consider:
the seriousness of the offence;
any previous convictions that the person has for a banning order offence;
whether the person is or ever was included in the database of rogue landlords and property agents (as described in section 28);
the likely effect of the banning order on the person against whom the banning order is proposed to be made and anyone else who may be affected by such an order.