Bristol PRS landlord with large property portfolio loses appeal against banning order imposed after conviction for multiple housing offences

Judge Gavel With Justice Lawyers 2021 08 29 01 06 00 Utc

The landlord was convicted of 8 banning order offences in August 2022 after formal enforcement action was taken by Bristol Council's private rented sector housing team.

The council had first tried to work with the landlord - who currently has a portfolio of 29 properties in Bristol - informally in relation to three of her HMO properties (her then portfolio ran to 34 properties) but when this strategy failed and a prosecution went ahead, the landlord was fined £22,000 and banned from operating rental properties for 5 years.

However, the landlord was also given leave by the First Tier Tribunal (FTT) to appeal the banning order on six grounds and did so but was unsuccessful on all six. This is thought to be the first time that the Upper Tier Tribunal (UTT) has heard a banning order appeal under the Housing and Planning Act 2016.

The UTT found that the FTT had correctly assessed the seriousness of the offences the landlord had been convicted of and had also concluded correctly that the banning order applied to existing tenancies and not just to the initial act of granting a tenancy.

Cllr. Tom Renhard, Cabinet Member for Housing Delivery and Homes, said "This is an important case for Bristol City Council, and the first of its kind in the country. ...." and the Council says that the landlord's "failure to follow up on her proposals to improve things demonstrated an unwillingness to change matters for the better ...."

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