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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.
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