Housing and Planning Act 2016
What this means for your business
- Enforced by
- Homes England
- Applies to
- United Kingdom
- On this page
- 11 compliance obligations, 1 practical guide
What you must do
11 compliance obligations under this legislation — 2 can result in imprisonment.
Management duties 1
Do not transfer land to prohibited persons without tribunal authorisation
If you have a banning order that stops you from letting property, you must not sell, give away or otherwise transfer the land to anyone linked to you, your business partners or your companies unless the First‑tier Tribunal gives you permission. Any unauthorised disposal is automatically void.
Notifications 1
Give notice to Regulator before enforcing security on social housing provider
If your business plans to enforce a security interest (e.g., a charge or mortgage) over the property of a private registered social housing provider, you must first send a written notice to the Regulator of Social Housing and wait at least 28 days before taking any enforcement steps, unless the regulator waives the notice period.
Payments and fees 1
Repay rent ordered by tribunal to tenant
If the First‑tier Tribunal decides that you must make a rent repayment order in favour of a tenant, you as the landlord have to pay back an amount that does not exceed the rent the tenant paid for the relevant period, minus any universal credit they received for that rent. The exact amount is calculated according to the tables in the Act and the tribunal’s order.
Policies 1
Publish rent policy for high‑income social tenants
If your business is a private registered provider of social housing and you have a policy setting rent levels for high‑income social tenants, you must make that policy publicly available. The published policy must also explain how tenants can ask for a review or appeal any decisions made under the policy.
Offences and prohibitions 7
Breach a housing banning order
51 weeks imprisonmentIf you or your business ignore a banning order (for example, an order that stops you from entering or using a property), you commit a criminal offence. On summary conviction in the magistrates' court you can be sentenced to up to 51 weeks' imprisonment, an unlimited fine, or both. If you keep breaching the order after you have been convicted, you face a daily fine of up to £50 for each day the breach continues, unless you can show a reasonable excuse.
Fail to comply with an overcrowding notice
Unlimited fineIf you ignore or breach an overcrowding notice issued for a property you manage, you commit a criminal offence. In England you can be hit with an unlimited fine, while in Wales the fine is capped at £2,500. Conviction is on summary conviction in the Magistrates' Court.
Fail to comply with housing administrator proposal duties
Unlimited fineIf a housing administrator does not send the revised administration proposals to the required parties (the company registrar, the Secretary of State, the Regulator of Social Housing, creditors and members) within the prescribed period and without a reasonable excuse, they commit a criminal offence. A conviction could lead to a fine, imprisonment or both, although the exact maximum penalties are not set out in this provision.
Fail to provide information or give false information to housing authority
Unlimited fineIf a local housing authority asks you for information to decide whether to seek a banning order and you either do not provide it (without a reasonable excuse) or you supply false or misleading information, you commit a criminal offence. On conviction in the Magistrates' Court you face an unlimited fine. There is no custodial sentence for this offence.
Fail to provide or give false information to housing authority
Unlimited fineIf a local housing authority asks you for information to add or update a record in its housing database and you do not provide it without a reasonable excuse, or you deliberately give false or misleading information, you commit a criminal offence. On conviction in the magistrates’ court you face an unlimited fine.
Obstruct a person exercising entry powers
Fine up to £1,000If you block or prevent someone who is exercising their legal power to enter land under section 172, you commit a criminal offence. On conviction in the Magistrates’ Court you face a fine of up to £1,000, but no prison term.
Officer consent or neglect makes company liable for breach of banning order
51 weeks imprisonmentIf your company breaches a banning order (the offence in section 21) and an officer of the company either consents to, turns a blind eye to, or is negligent about that breach, both the company and that officer can be prosecuted. The penalties are the same as for the original banning‑order breach, meaning an unlimited fine and possibly imprisonment, depending on how the court disposes of the case.
Penalties for non-compliance
7 penalties under this legislation. 2 can result in imprisonment. 6 carry an unlimited fine.
Breach a housing banning order
Unlimited fine and/or 51 weeks imprisonment
Officer consent or neglect makes company liable for breach of banning order
Unlimited fine and/or 51 weeks imprisonment
Fail to comply with an overcrowding notice
Unlimited fine
Fail to comply with housing administrator proposal duties
Unlimited fine
Fail to provide information or give false information to housing authority
Unlimited fine
Fail to provide or give false information to housing authority
Unlimited fine
Obstruct a person exercising entry powers
Fine up to £1,000
Practical guidance
Our guides explain how to comply with the requirements above.
Sections and provisions
237 classified provisions from this legislation.
Duties 23
- Schedule 11 Default powers exercisable by Mayor of London or combined authority: Schedule to be inserted in the Planning and Compulsory Purchase Act 2004
- s.27 Prohibition on certain disposals
- s.28 Database of rogue landlords and property agents The Secretary of State
- s.29 Duty to include person with banning order
- s.31 Procedure for inclusion under section 30
- s.34 Updating
- s.36 Removal or variation of entries made under section 30 it
- s.38 Access to database
- s.42 Notice of intended proceedings
- s.44 Amount of order: tenants
- s.45 Amount of order: local housing authorities
- s.48 Duty to consider applying for rent repayment orders
- s.71 Procedure for determinations local housing authority
- s.81 Meaning of “high income” etc
- s.89 Private providers: policies for high income social tenants
- s.96 Objectives of housing administration the housing administrator
- s.97 Objective 1: normal administration
- s.99 Applications for housing administration orders
- s.101 Housing administrators
- s.108 Enforcement of security step
- ... and 3 more duties
Offences and penalties 7
- s.19 Power to require information
- s.21 Offence of breach of banning order
- s.22 Offences by bodies corporate
- s.35 Power to require information
- s.127 Offence of contravening an overcrowding notice: level of fine
- s.177 Offences in connection with powers to enter land
- Schedule 5 Conduct of housing administration: companies
Powers 64
- s.2 What is a starter home?
- s.3 Power to require payments or discounts on resale (subject to tapering) etc
- s.4 General duty to promote supply of starter homes
- s.5 Planning permission: provision of starter homes
- s.6 Monitoring
- s.7 Compliance directions
- s.11 Exemption from duty
- Schedule 13 Resolution of disputes about planning obligations: Schedule to be inserted in the Town and Country Planning Act 1990
- s.15 Application and notice of intended proceedings
- s.16 Making a banning order
- s.18 Content of banning order: involvement in bodies corporate
- s.23 Financial penalty for breach of banning order
- s.30 Power to include person convicted of banning order offence
- s.33 Information to be included in the database
- s.39 Use of information in database
- s.40 Introduction and key definitions
- s.43 Making of rent repayment order
- s.47 Enforcement of rent repayment orders
- s.49 Helping tenants apply for rent repayment orders
- s.64 Grants by Secretary of State
- ... and 44 more powers
Definitions 20
- s.8 Interpretation of this Chapter local planning authority planning obligation residential development
- s.9 Definitions self-build and custom housebuilding serviced plot of land
- s.14 “Banning order” and “banning order offence” banning order banning order offence
- s.51 Housing benefit: inclusion pending abolition
- s.52 Interpretation of Chapter relevant award of universal credit offence to which this Chapter applies rent repayment order
- s.54 Meaning of “letting agent” and related expressions letting agent letting agency work English letting agency work
- s.55 Meaning of “property manager” and related expressions property manager English property management work
- s.56 General interpretation of Part database financial penalty housing
- s.62 Interpretation of Part
- s.68 Interpretation of Chapter private registered provider right to buy discount dwelling
- s.79 Interpretation of Chapter financial year housing interest
- s.91 Interpretation of Chapter high income local housing authority rent regulations
- s.95 Housing administration order: providers of social housing in England housing administration order
- s.98 Objective 2: keeping social housing in the regulated sector
- s.116 Interpretation of Chapter charitable incorporated organisation company housing administration rules
- s.123 Electrical safety standards: enforcement local housing authority
- s.132 Estate agents: lead enforcement authority the lead enforcement authority
- s.172 Right to enter and survey land acquiring authority owner
- s.205 Interpretation of sections 203 and 204 building or maintenance work other qualifying land planning consent
- s.210 Reports on improving efficiency and sustainability of buildings owned by local authorities building
Exemptions 15
- Schedule 8 Succession to secure tenancies and related tenancies
- s.17 Duration and effect of banning order
- s.20 Revocation or variation of banning orders
- s.46 Amount of order following conviction
- s.88 Interaction with other legislation and consequential amendments
- s.102 Conduct of administration etc
- s.106 Making of ordinary administration orders
- s.111 Indemnities: repayment by registered provider etc
- s.150 Permission in principle for development of land
- s.159 Planning obligations and affordable housing
- s.162 Regulations under section 161: general
- s.208 Duty of public authorities to prepare report of surplus land holdings
- s.214 Regulations: general
- Schedule 3 Management orders following banning order
- Schedule 7 Secure tenancies etc: phasing out of tenancies for life