Prohibition order: what happens to your tenancy?

In short

A prohibition order means the council has decided your home is so dangerous it must not be used. Your tenancy carries on. The landlord cannot evict you just because an order was served. And rent should not fall due for a home you cannot safely live in.

What is a prohibition order?

A prohibition order is a notice served by the council under the Housing Act 2004. It follows an inspection finding a Category 1 hazard under the Housing Health and Safety Rating System, the HHSRS. Category 1 is the most serious level: severe damp, dangerous structural problems, a serious risk of falls.

The order exists to protect tenants. It tells the landlord the home, or part of it, must not be used until the hazard is fixed.

Two types of prohibition order

Full prohibition order

A full order means the whole home must not be used at all. Nobody can legally require you to keep living there.

Partial prohibition order

A partial order covers only part of the home. The council might bar one bedroom over a severe structural problem or serious mould, while the rest of the flat stays usable.

Under a partial order, keep out of the barred room or area.

What happens to your tenancy?

A prohibition order ends no tenancy. The legal tie between you and your landlord carries on.

But the landlord must deal with the situation. That means either:

• Fixing the hazard so the order can be lifted, or
• Giving you somewhere suitable to stay while the work happens.

A landlord who leaves you unhoused while the home stays unsafe may be in breach. Keep a record of every contact.

Do you have to pay rent?

Rent should not fall due for a home a full prohibition order bars you from living in. A fully barred home is no longer fit for use, and demanding rent for it is unreasonable.

Under a partial order, the position turns on whether the rest of the home stays comfortably usable. A rent cut may be owed.

A landlord still demanding full rent means seeking advice. Never just stop paying without advice first: that could touch your tenancy.

Can your landlord evict you because of a prohibition order?

No. A prohibition order gives the landlord no reason to evict. An eviction attempt after one is served could amount to illegal eviction or harassment.

An eviction notice landing after a prohibition order calls for a housing adviser or solicitor at once.

How to appeal a prohibition order

Think the order is wrong, or goes too far? You can appeal to the First-tier Tribunal (Property Chamber), within 28 days of the order being served.

But where the home truly is dangerous, an appeal may work against you. The better route is usually pressing the landlord to fix the problem so the order lifts.

How a prohibition order supports a disrepair claim

A served prohibition order is powerful evidence of serious hazards the landlord failed to fix. It is the council saying formally, in writing, that your home is too dangerous to live in.

That strengthens a disrepair claim greatly. Compensation may be owed for the time lived in dangerous conditions, for harm to your health, and for damaged belongings.

For a free eligibility check, call Support for Tenants on 0800 030 4669 or start a claim online. No upfront cost. You only pay if you win, and the fee comes out of the compensation, not your pocket. If you don't win, you pay nothing.

Free alternative: Shelter and Citizens Advice can give you free advice on prohibition orders and your housing rights.

Sources

• Housing Act 2004, Part 1 (legislation.gov.uk)
• Housing Health and Safety Rating System (HHSRS) guidance (GOV.UK)