BANNING ORDER

December 12th, 2023 by James Goudie KC

HUSSAIN v NEWHAM LONDON BOROUGH COUNCIL (2023 ) UKUT 287 ( LC ) concerns the making of a Banning Order under the Housing and Planning Act 2016. Such an Order prohibits a person from letting property or managing tenanted property. The UT says that the FTT was entitled to admit evidence of spent convictions, and to take account of them when considering whether to make the Order. The words in Sections 15 and 16 of the Act “ has been convicted of a banning order offence “ were not to be construed as covering exclusively convictions that were not spent.

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