The Immigration Act 2014 – disqualified persons and residential tenancies

The Immigration Act 2014 received royal assent on the 14th July 2014, although not all parts of the Act are in force. The Government factsheet states that in October 2015 the obligation upon residential landlords to ensure that they do not authorise an adult who is disqualified, as a result of their immigration status, to occupy premises under a residential tenancy agreement, is due to be implemented.

So what does this really mean for landlords and their Agents?

First what does “an adult who is disqualified as a result of their immigration status mean?” Quite simply this includes any adult individual who is not from an EEA State or Switzerland and requires leave to enter or remain in the UK and does not have such leave.

What is the deterrent?

Contravention of the Act leaves a landlord open to a fine of up to £3,000.00, should they grant a disqualified person the right to occupy premises under a residential tenancy agreement.

What action should be taken?

Although this obligation is yet to come into force its implementation is imminent. As a result landlords and letting Agents should ensure that relevant checks are added to their screening processes ahead of the legislation coming into force.

For further information or advice, please call our specialist Landlord team on 02920 808 666