June 1st, 2023 by James Goudie KC

KNAPP v BRISTOL CITY COUNCIL (2023) UKUT 118 (LC) is concerned with amongst other matters the scope of a banning order under Sections 14-17 inclusive of the Housing and Planning Act 2016. Counsel for the landlord submitted that the FTT had no power to impose a ban from continuing to manage properties which the landlord had previously let and where the tenancies or licences were continuing. This was rejected : see paras 62 & 63 of the UT Judgment. The power is not confined to the granting of a new tenancy. It extends to banning a person from being a landlord under an existing tenancy. “ Letting housing “ is capable of including a prohibition on being a landlord in respect of any tenancy, whether current at the time of the ban or not. It was not only new tenants who should be protected.

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