Immigration Act 2016 Residential tenancies measures

Immigration and residential tenancies Introduction These measures deliver commitments made by the then Prime Minister following the 2015 general election. Build on the Right to Rent scheme. Part of a suite of measures to tackle illegal migration.

Right to rent Background Implemented across England in Feb 2016 following first phase in West Midlands. Implementation and evaluation overseen and informed by an expert Panel from the private rented sector. Good levels of awareness. Led to closer working with local authorities, police and HMRC in tackling rogue landlords.

Immigration Act New measures: why and what? Part of wider measures to control immigration. Those here illegally should be encouraged to return home. To support efforts against rogue landlords who undermine the sector by exploiting illegal immigrants and profit by ignoring the law. Provides new powers for landlords in England in ending a tenancy agreement with a disqualified person. .

Immigration Act 2016 Eviction (England) Where all occupants disqualified, new power to evict without a court order. Otherwise, new grounds provided in Housing Act 1988 or Rent Act 1977. New implied term in all tenancy agreements about disqualified persons.

Immigration Act 2016 Evictions (England) contd Landlord can only access these new routes where they have a Home Office notice. In all cases, notice will have to be given. In many cases, this will have to be given in a prescribed form and manner. In many routes, the immigration powers are subsumed into existing processes relating to eviction. The powers do not allow for unlawful eviction. Tenants will have been warned in advance that the Home Office may take these steps.

Immigration Act 2016 Offences Offences relate to knowingly renting to a disqualified person, or doing so having reasonable cause to believe this to be the case. Reserved for the worst landlords. Also applies to agents who fail to inform landlords that tenants are disqualified, where agents are responsible for Right to Rent checks. Landlords may have a defence in law. They should take reasonable steps to end the tenancy agreement within a reasonable period of time. Courts will have statutory guidance about the defences.

Immigration Act Further information For further information Look up Immigration Act 2016 on gov.uk. There is a factsheet under ‘access to services’. Look up Right to Rent on gov.uk. Look up How to Rent on gov.uk (tenants) Look up Renting Out Your Property on gov.uk.