Right To Rent Guidance Comes Into Force 1 December 2016

Landlords will be familiar with the Immigration Act 2014 which made it an offence for Landlords to let residential property to adults who are disqualified as a result of their immigration status - known as the “right to rent”. The law provides a defence to landlords if they prove they have taken reasonable steps to terminate the residential tenancy agreement within a reasonable time, and the court must take into account any guidance issued by the Secretary of State in determining whether such defence is made out.

The Guidance has now been finalised and will come into force on 1 December 2016. The Guidance sets out reasonable steps to be taken, which may include seeking to agree a termination of the tenancy with the tenant before formal steps to evict are commenced. The Guidance suggests that four weeks would usually be a reasonable time to commence the eviction process.

New Regulations

The new regulations also include a prescribed form that Landlords must use to terminate a tenancy where the occupier does not have the Right to Rent.

For more help and information on recovering possession of your property due to the occupiers’ immigration status, please contact our Landlord and Tenant department.

 Gabrielle Moffatt    |    01273 249253    |    grm@deanwilson.co.uk