Prohibition orders

A prohibition order is an enforcement order made by a local housing authority under sections 20–21 of the Housing Act 2004 that restricts or prohibits the use of residential premises, or part of those premises, where a housing hazard has been identified. It may ban all occupation, restrict use of specific rooms, limit the number of occupants, or prohibit occupation by particular categories of person, for example, barring children from a room where a specific hazard poses acute risk to them. A prohibition order is a more severe step than an improvement notice, which requires remediation work but does not restrict occupation while the work is carried out.

What triggers a prohibition order

Councils inspect residential properties using the Housing Health and Safety Rating System, which scores hazards across 29 categories; it is a Category 1 hazard finding that obliges the authority to take enforcement action. Where that enforcement takes the form of a prohibition order, the authority has judged that the hazard is serious enough that the property, or part of it, must not be occupied rather than simply repaired. The most common Category 1 hazards leading to prohibition orders are excess cold, damp and mould growth, fire safety defects, electrical hazards, and structural instability.

A prohibition order may also be made in respect of a Category 2 hazard, though this is discretionary rather than mandatory. The order must identify the premises affected, the hazard or hazards to which it relates, and any remedial action that the authority considers would result in revocation.

A standard prohibition order becomes operative 28 days after it is served, unless an appeal is lodged.

Emergency prohibition orders

Where the council considers that an imminent risk of serious harm exists, it may issue an emergency prohibition order under section 43 of the Housing Act 2004. This takes effect immediately on service, there is no 28-day period before it becomes operative. Emergency orders are used in cases such as dangerous structural failure, severe gas or electrical hazards, or conditions making the property immediately uninhabitable.

What happens to the existing tenancy

The making of a prohibition order does not automatically end the tenancy. The tenancy continues to exist as a legal relationship, but the landlord cannot lawfully allow the tenant to occupy the prohibited premises or part. Where a full prohibition is in place, the landlord will need to seek possession through the county court. Following the Renters' Rights Act 2025, in force from 1 May 2026, all possession proceedings rely on Section 8 grounds; a prohibition order does not create a fast-track possession route, but the courts will grant a possession order where the landlord demonstrates the property cannot lawfully be occupied.

Where a standard prohibition order displaces a tenant from their home, the local housing authority has a statutory duty to rehouse. There is no equivalent duty for emergency prohibition orders, displaced occupants must apply to the authority as homeless in the usual way.

From working with self-managing landlords across the UK, the most important practical step on receiving any prohibition-related correspondence from the council is to seek legal advice immediately rather than waiting to see whether the matter escalates. The 28-day appeal window closes fast.

Penalties for non-compliance

Breaching a prohibition order, by continuing to allow occupation of the prohibited premises, is a criminal offence under section 32 of the Housing Act 2004 and can also be dealt with by way of a civil penalty notice. Breaching a prohibition order is a qualifying offence for a rent repayment order, under which the First-tier Tribunal can require a landlord to repay up to 24 months' rent to the tenant or the local authority. The 24-month maximum reflects the increase introduced by the Renters' Rights Act 2025 and applies to orders made on or after 1 May 2026.

Appeal and revocation

A landlord who wishes to challenge a prohibition order may appeal to the First-tier Tribunal (Property Chamber) within 28 days of the order being served. Grounds for appeal include disputing the existence or severity of the hazard, arguing that a less restrictive enforcement action would be appropriate, or challenging procedural errors in the order's service. The tribunal may confirm, vary, or quash the order.

Separately from appeal, the local housing authority is under a statutory duty to revoke a prohibition order once it is satisfied that the hazard in respect of which the order was made no longer exists on the premises. Landlords who carry out the required remediation works should formally request revocation from the authority in writing, with documented evidence of the works completed. Revocation takes effect when it is made.

A suspended prohibition order, where the authority has deferred the order's operation until a specific time or event, must be reviewed by the authority within one year of being made, and at least annually thereafter.

August's compliance checklist tracks certificate expiry dates and property obligations, helping landlords address the hazards most likely to trigger council enforcement before a formal inspection takes place.

For practical guidance on the hazards most commonly cited in prohibition orders, including damp, mould, excess cold, and fire safety, our guide to ensuring your property is fit for human habitation covers the landlord's obligations and how to address them.

Frequently asked questions

What is the difference between a prohibition order and an improvement notice?

An improvement notice requires the landlord to carry out specified remediation works within a set period. Occupation of the property continues while the works are done. A prohibition order restricts or bans occupation; the hazard is considered too serious to allow continued use while works are planned. A council dealing with a Category 1 hazard may choose either course of action depending on the severity and immediacy of the risk.

Can I appeal a prohibition order?

Yes. An appeal to the First-tier Tribunal (Property Chamber) must be lodged within 28 days of the order being served on you. During an appeal, the operation of the order is generally suspended. If no appeal is made within 28 days, the order becomes final and conclusive on the matters it covers. Given the speed of the appeal window and the financial consequences of an operative prohibition order, seeking legal advice on the day the order is received is strongly recommended.

Does a prohibition order appear on the property's title or public records?

Prohibition orders are registered as local land charges, which means they are discoverable on a local authority search. A buyer's solicitor conducting a standard conveyancing search will find a registered prohibition order. This has practical implications for any landlord considering selling a property that is subject to an order: the buyer will be aware of it before exchange, and it will affect pricing and the buyer pool.

What is the maximum fine for breaching a prohibition order?

A civil penalty notice for breach of a prohibition order can be up to £30,000. Separate from the civil penalty, the First-tier Tribunal may also make a rent repayment order requiring repayment of up to 24 months' rent to the tenant or the local authority, depending on who applies. Both consequences can apply to the same breach.