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

JurisdictionUK Non-devolved
CitationSI 2016/1060

2016 No. 1060

Immigration

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

The Secretary of State makes the following regulations in exercise of the powers conferred by sections 33A(8)(b) and 33D(3) of the Immigration Act 20141.

In accordance with section 33A(8)(a) of that Act, draft guidance for the purposes of section 33A(6) has been laid before Parliament.

S-1 Citation, commencement and interpretation

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.

S-2 Guidance issued by the Secretary of State

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.

S-3 Prescribed form of notice where all occupants disqualified

Prescribed form of notice where all occupants disqualified

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

Robert Goodwill

Minister of State

Home Office

2nd November 2016

SCHEDULE

Regulation 3

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

EXPLANATORY NOTE

(This note is not part of the Regulations)

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...

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