Lincolnshire Landlord Newsletter issue 24 - Immigration Act 2016 Changes
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Immigration Act 2016
The Home Secretary announced on 4 October that provisions in the 2016 Immigration Act relevant to the private rented sector will be brought into force across England. As of 1 December 2016, these two further measures came into force. They will:
- Make it easier for private landlords to evict illegal migrant tenants.
- Create new criminal offences for rogue landlords and agents who knowingly, or with reasonable cause to believe, let to illegal migrants.
Key Points
- From 1 December, landlords could be charged with a criminal offence if they know, or have reasonable cause to believe, that they are letting to an illegal migrant.
- From 1 December landlords can end tenancies for occupants with no right to rent.
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Here are the main changes - which apply only in England:
1. Two new ways to end the tenancy
There is now a new 28 day notice you can serve on tenants after you have been notified by the Secretary of State that the tenant or all of them do not have any right to rent. Note that you can only use it after you have received notification from the Secretary of State - and a copy of this notification must be annexed to the notice you serve on the tenants.
If the tenants have not moved out at the end of the notice period, you will be able to evict them using the High Court Sheriffs - ie without having to get a court order first.
There is also a new mandatory ground (Ground 7B) which has been added into the Housing Act 1988 which can be used by landlords where some or all occupiers have no right to rent.
As a result, a new prescribed form of Section 8 Notice of Seeking Possession will come into force from 1stDecember 2016 which has been amended to include reference to the new mandatory Ground 7B.
You can use this in the normal way, by serving a section 8 notice (citing this new ground) and then issuing proceedings. However if some of the tenants in the property do have a right to rent, the Judge can, instead of making a possession order, order that the tenancy agreement be changed by removing the tenant without the right to rent. The tenancy agreement will otherwise remain unchanged and the other tenants will retain all their rights.
2. A new criminal offence
This is in addition to the penalty notices and is intended to be used for the more serious offenders. You will be liable if you have knowingly let property to people without a right to rent - or if you are an agent and have failed to notify your landlord that the tenants do not have a right to rent.
If found guilty you will be liable for an unlimited fine or up to 5 years imprisonment.
There will be a defence where reasonable steps have been taken to terminate a tenancy and draft guidance has been issued by the Home Office in relation to this, which can be found here.
It is very important that the correct form of notice is used as this is a prescribed form and the Judge may reject your claim for possession (for any ground) if he notices that you have used an out of date form.
