# Can I still rent out my flat if the council has issued a notice against it?

- Jurisdiction: United Kingdom
- Practice area: Tenancy Law
- Published: 2026-11-03
- Last updated: 2026-11-03
- Canonical: https://lawasked.com/uk/tenancy-law/can-i-still-rent-out-my-flat-if

## Question

I am currently living in England and I am in a bit of a panic regarding my rental property in Manchester. Back on the 14th of February, the local council sent me an official letter stating that they have issued a formal prohibition order against my two-bedroom flat because of severe damp and mould issues that make it unsafe. They explicitly told me that no one is allowed to live in the property until the repairs are finished and inspected. However, my tenant, who has been there for two years, is refusing to move out and is insisting on staying until the end of her fixed-term contract in August. I have already tried speaking to her and even sent a formal letter explaining the situation, but she says she won't leave without a massive rent reduction. I am terrified because I know the council said the order is now active. If I allow her to stay there just to avoid a legal battle with her, am I actually breaking the law myself? I am worried about being fined or getting a criminal record just because I couldn't get my tenant to vacate the premises as ordered.

## Summary

Yes, you are at risk of breaking the law. If you allow your tenant to stay in the Manchester flat while the prohibition order is active, you could be committing a criminal offence.

## Analysis

Under the Housing Act 2004, you face serious legal consequences if you allow your two-bedroom flat to be occupied while the council's order is in effect. Because you know the prohibition order became operative on 14 February, you are legally responsible for the property's use.

Section 32 states that a person commits an offence if, "knowing that a prohibition order has become operative... he— a uses the premises in contravention of the order, or b permits the premises to be so used" [1]. This means that by allowing your tenant to remain in the flat, you are "permitting" the property to be used in a way that violates the council's order [1]. A prohibition order is a legal instruction from the council that stops a property from being used for a specific purpose, such as living in it, because it is unsafe [1].

If you are convicted of this offence, you could face a fine on the standard scale and an additional daily fine for every day the tenant remains [1]. While you could argue you had a "reasonable excuse" [1], the law provides a specific way to deal with tenants who refuse to leave. 

Section 33 clarifies that existing tenancy laws do not stop you from getting possession of the property if it is necessary to comply with the order [2]. Specifically, "Nothing in... Part 1 of the Housing Act 1988... prevents possession being obtained by the owner... if possession of the premises is necessary for the purpose of complying with the order" [2]. This means the tenant's fixed-term contract ending in August does not legally prevent you from seeking to remove them now to satisfy the council's safety requirements [2].

Local council policies or specific health and safety regulations in Manchester may add further rules to this situation.

## Statutory citations

- Housing Act 2004, Section 32 - Offence of failing to comply with prohibition order etc. [in force] (https://www.legislation.gov.uk/ukpga/2004/34/section/32)
  > A person commits an offence if, knowing that a prohibition order has become operative... he— a uses the premises in contravention of the order, or b permits the premises to be so used.
- Housing Act 2004, Section 33 - Recovery of possession of premises in order to comply with order [in force] (https://www.legislation.gov.uk/ukpga/2004/34/section/33)
  > Nothing in... Part 1 of the Housing Act 1988... prevents possession being obtained by the owner of any specified premises in relation to which a prohibition order is operative if possession of the premises is necessary for the purpose of complying with the order.

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