Support for Tenants

Prohibition order: what happens to your tenancy?

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Direct answer

A prohibition order means the council has declared your home unsafe. Here is what it means for your tenancy, your rent, and your right to stay.

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Direct answer

A prohibition order means the council has decided your home is so dangerous that it must not be used. Your tenancy does not automatically end. Your landlord cannot evict you just because a prohibition order has been served. You should not have to pay rent for a property you cannot safely live in.

What is a prohibition order?

A prohibition order is a notice served by a local council under the Housing Act 2004. The council serves it when an inspection finds a Category 1 hazard under the Housing Health and Safety Rating System (HHSRS). Category 1 is the most serious level, covering things like severe damp, dangerous structural problems, or a serious risk of falls.

The purpose of the order is to protect tenants. It tells the landlord that the property (or part of it) must not be used as a home until the hazard is fixed.

Two types of prohibition order

Full prohibition order

A full prohibition order means the entire property must not be used as a home at all. You cannot legally be required to keep living there.

Partial prohibition order

A partial prohibition order covers only part of the property. For example, the council might prohibit use of one bedroom because of a severe structural problem or serious mould, while allowing the rest of the flat to be used.

If you receive a partial prohibition order, you should not use the affected room or area.

What happens to your tenancy?

Your tenancy does not end because of a prohibition order. The legal relationship between you and your landlord continues.

However, your landlord has a duty to deal with the situation. This means they must either:

  • Fix the hazard so the prohibition order can be lifted, or
  • Provide you with suitable alternative accommodation while the work is being done.

If they fail to rehouse you and the property is not safe to live in, they may be in breach of their obligations. You should keep a record of all contact with them.

Do you have to pay rent?

You should not have to pay rent for a property you cannot legally live in because of a full prohibition order. If the property is completely prohibited, it is no longer fit to be used as a home, so it is unreasonable for the landlord to demand rent.

For a partial prohibition order, the position depends on whether you can still use the rest of the property comfortably. You may be entitled to a rent reduction.

If your landlord continues to demand full rent, seek advice. Do not simply stop paying without taking advice first, as this could affect your tenancy.

Can your landlord evict you because of a prohibition order?

No. A landlord cannot use a prohibition order as a reason to evict you. If your landlord tries to evict you after a prohibition order is served, this could amount to illegal eviction or harassment.

If you receive an eviction notice after a prohibition order is served, contact a housing adviser or solicitor immediately.

How to appeal a prohibition order

If you believe the prohibition order is wrong or disproportionate, you have the right to appeal to the First-tier Tribunal (Property Chamber). You must appeal within 28 days of the order being served.

However, if the council has issued the order because your home is genuinely dangerous, appealing against it may not be in your interest. The more useful route is usually to pressure your landlord to fix the problem so the order can be lifted.

How a prohibition order supports a disrepair claim

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

This significantly strengthens a housing disrepair claim against your landlord. You may be entitled to compensation for the period during which you lived in dangerous conditions, for any harm to your health, and for any belongings that were damaged.

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

Last updated29 May 2026
Reading time3 min read
Listening time5 min listen

We review every guide at least twice a year and update it when the law changes. If you spot something out of date or wrong, email help@supportfortenants.co.uk.

By: Support for Tenants

Published:

~3 min read

Reviewed against current housing law for England and Wales as at 29 May 2026. Checked by our SRA-regulated panel solicitors. This is general information, not legal advice for your specific case. Any compensation figures or ranges shown are illustrative only and not guaranteed; every case is different.

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