New Right to Rent provisions now in force - How could this affect you?

20/01/2017

Provisions to the Immigration Act 2016 (Commencement No. 2 and Transitional Provisions) Regulations 2016 (SI 2016/1037) have been made and although this could mean potential criminal proceedings against landlords who do not carry out right to rent checks correctly it will also give them increased powers to end tenancies in certain circumstances.

The Regulations bring into force a number of provisions of the Immigration Act 2016 (IA 2016) on 1 December 2016. Among those provisions are sections 39, 40 and 41 of the IA 2016, which do the following:

  • Section 39 amends the Immigration Act 2014 (IA 2014) to introduce criminal sanctions for landlords (and their agents) that fail to comply with their "right to rent" obligations.
  • Section 40 amends the IA 2014 to include a power for the landlord to terminate a residential tenancy where the Secretary of State has served a notice stating that the occupiers are disqualified from occupying the premises as a result of their immigration status.
  • Section 41 amends the mandatory grounds for possession of residential properties set out in the Housing Act 1988 (HA 1988), to include a new ground relating to tenants or adult occupiers of premises whose immigration status disqualifies them from occupying those premises.

For more information on the right to rent, see the Guidance from GOV.UK

For more information on the mandatory grounds for possession under the HA 1988, see Guidance from GOV.UK

Source: Immigration Act 2016 (Commencement No. 2 and Transitional Provisions) Regulations 2016 (SI 2016/1037).