Part 2: Rogue Landlords and Property Agents in England Chapter 2: Banning Orders Consequences of banning order, including consequences of breach Section 21: Offence of breach of banning order
This section provides that it is an offence to breach a banning order i.e. to undertake or be involved in activities that the person is banned from. A person who is convicted of breaching a banning order under subsection (1) is liable to a term of imprisonment or a fine or both (see subsection (2)). Where a breach of a banning order continues after conviction the person commits a further offence and is liable on conviction to a fine not exceeding one tenth of the level 2 fine on the standard scales for each day or part of a day on which the breach continues (this would currently equate to a fine of up to £50 per day). However, there is a defence to this further offence where the person can show that they had a reasonable excuse for the continued breach. A person may not be convicted of an offence under this section if they have incurred a financial penalty in relation to the same conduct under section 23.