The Immigration (Residential Accommodation) (Termination of Residential Tenancy Agreements) (Guidance etc.) Regulations 2016

Made: 2nd November 2016

Laid before Parliament: 4th November 2016

Coming into force: 1st December 2016

In accordance with section 33A(8)(a) of that Act, draft guidance for the purposes of section 33A(6) has been laid before Parliament.

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Immigration (Residential Accommodation) (Termination of Residential Tenancy Agreements) (Guidance etc.) Regulations 2016 and come into force on 1st December 2016.

• (2) In these Regulations, “the Act” means the Immigration Act 2014.

Guidance issued by the Secretary of State

2

The guidance entitled “Guidance: Taking reasonable steps to end a residential tenancy agreement within a reasonable time” and issued by the Secretary of State for the purpose of section 33A(6) of the Act comes into force on 1st December 2016.

Prescribed form of notice where all occupants disqualified

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The form prescribed for the purposes of section 33D(3) of the Act is set out in the Schedule to these Regulations.

SCHEDULE — Prescribed form of notice for the purposes of section 33D(3) of the Immigration Act 2014

Signed

Robert Goodwill — Minister of State — Home Office — 2nd November 2016

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

Under section 33A(1) of the Immigration Act 2014 (“the 2014 Act”), it is an offence to permit an adult who is disqualified as a result of their immigration status to occupy premises, in England, under a residential tenancy agreement. In determining whether the defence of having taken reasonable steps to terminate the residential tenancy agreement within a reasonable time is made out, a court must have regard to guidance issued by the Secretary of State. Regulation 2 provides for the guidance issued by the Secretary of State for these purposes to come into force on 1st December 2016.

Regulation 3 prescribes the form of notice a landlord must use if the landlord wishes to terminate a residential tenancy agreement in accordance with section 33D(3) of the 2014 Act. Such a notice may only be given in circumstances where the landlord has been notified by the Secretary of State that all known occupants of the property are disqualified from occupying premises in England under a residential tenancy agreement. The notice is enforceable as if it were an order of the High Court.

A full impact assessment has not been published for this instrument as it has minimal impact on the private sector and no impact on the voluntary sector.

Footnotes

[^f00001]: 2014 c. 22; sections 33A and 33D were inserted by sections 39(1) and (2) and 40(1) and (2) respectively of the Immigration Act 2016 (c. 19). See section 37(1) of the Immigration Act 2014 for the definition of “prescribed”.