The Immigration Act 2014 (IA 2014) requires landlords of residential properties to check the immigration status of prospective tenants and other occupiers, to establish whether those individuals have the right to be in the UK. Landlords must ensure not to let their property to a person that is disqualified from renting in the UK as a result of their immigration status.

On 1 December 2016 a number of provisions of the Immigration Act 2016 will come into force and will have the following effects:

  • Section 39 will amend the IA 2014 to introduce criminal sanctions for landlords (and their agents) who fail to comply with their "right to rent" obligations.
     
  • Section 40 amends the IA 2014 to include a power for landlords to terminate a residential tenancy where a notice has been served by the Secretary of State stating that the occupiers are disqualified from occupying the property as a result of their immigration status.
     
  • Section 41 amends the mandatory grounds for possession of residential properties set out in the Housing Act 1988, to include a new ground relating to tenants or adult occupiers of property who are disqualified from occupying that property as a result of their immigration status.

Landlords and agents should ensure that they are familiar with the changes and that they are currently complying with their “right to rent” obligations.