Landlords - Check Your Tenant's Immigration Status

Author: Caroline Walton

This article follows on from our previous discussion relating to the pilot scheme introduced by the Government under the Immigration Act 2014 whereby residential landlords were required to check the immigration status of their tenants before granting them a tenancy.

That pilot scheme has now finished and as a result the Government are introducing the Immigration (Residential Accommodation) (Termination of Residential Tenancy Agreements) (Guidance etc.) Regulations 2016 on 1 December 2016.

Under section 33A(1) of the Act it will be an offence for a landlord to permit an adult who is disqualified as a result of their immigration status to occupy premises under a residential tenancy agreement.

Section 33A(6) provides that it is a defence for a person charged with an offence under section 33A(1) to prove that they have taken reasonable steps to terminate the residential tenancy agreement within a reasonable time.

More information on this can be found on the Home Office website.

If you are landlord and you are concerned about the status of a tenant and/or want to terminate the tenancy because of their status, contact Tamsin Reader on 01306 502317 or [email protected].