Understanding Right to Rent & Eviction
The Immigration Act 2014 introduced a legal obligation for landlords to verify that tenants have the Right to Rent in the UK. Failure to comply initially resulted in a civil penalty of up to £3,000. However, from 1 December 2016, the consequences became far more severe. Renting to individuals without the Right to Rent is now a criminal offence, carrying penalties of imprisonment for up to five years, a fine, or both. This blog outlines the implications of these regulations and the processes landlords must follow to terminate a tenancy in cases of non-compliance.
Right to Rent and the Legal Framework
The Right to Rent check is a statutory obligation that ensures landlords only let properties to individuals lawfully residing in the UK. This measure forms part of the government’s broader strategy to control immigration by targeting illegal residency.
Since 1 December 2016, landlords renting to individuals without the Right to Rent may face criminal charges. This emphasises the need for landlords to thoroughly screen prospective tenants before entering into tenancy agreements.
Terminating a Tenancy for Right to Rent Breaches
If it is discovered that tenants or occupiers do not have the Right to Rent, landlords are required to take specific legal steps to terminate the tenancy and regain possession of their property. Two primary mechanisms are available:
1. Notice Under Section 8 of the Housing Act 1988
A mandatory ground for possession, known as Ground 7B, has been added to Schedule 2 of the Housing Act 1988. This allows landlords to seek possession of their property when the Secretary of State notifies them that one or more occupants are unlawfully residing in the UK.
To rely on Ground 7B:
- The landlord must give the tenant 14 days’ notice.
- After this notice period, the landlord must obtain a possession order from the court.
The inclusion of Ground 7B provides landlords with a clear legal pathway to terminate tenancies where occupants are found to be disqualified under immigration laws. However, landlords must strictly adhere to the required procedures to ensure compliance with the law.
2. Notice Under Section 33D of the Immigration Act 2014
Where the Secretary of State issues a notice confirming that all occupiers of a property are disqualified from renting in the UK, landlords can serve a Section 33D notice. This is a more direct route than Ground 7B and involves the following:
- The landlord must serve a Section 33D(3) notice in the prescribed format.
- The notice must provide the tenants with at least 28 days’ notice to vacate the property.
- A Section 33D notice is treated as equivalent to a High Court order, meaning it can be enforced without the need for a possession order.
This process significantly streamlines eviction in cases involving immigration violations, reducing the burden on landlords to secure a court order.
Key Responsibilities of Landlords
Landlords are strongly advised to perform thorough checks on prospective tenants before granting a tenancy agreement. These checks are crucial for verifying the tenant’s Right to Rent and avoiding severe legal and financial consequences.
The Right to Rent check involves:
- Inspecting original documents that confirm the tenant’s legal status in the UK (e.g., passports, visas, or biometric residence permits).
- Retaining copies of the documents and recording the date of the check.
- Conducting follow-up checks if the tenant’s Right to Rent is time-limited.
Neglecting these checks can result in penalties or prosecution, and ignorance of the law is not a defence.
Practical Considerations for Landlords
The dual enforcement mechanisms—Ground 7B and Section 33D—highlight the importance of landlords remaining vigilant in their tenancy practices. Failure to comply with the regulations not only exposes landlords to legal risks but can also lead to reputational damage and financial losses. The criminalisation of renting to individuals without the Right to Rent underscores the seriousness of this obligation.
Landlords should also be aware of potential challenges:
- Errors in the Right to Rent check process could result in penalties or wrongful eviction claims.
- Tenants falsely claiming legal status could create complications, making it essential for landlords to verify documents carefully.
Additionally, landlords should keep abreast of changes to immigration laws and guidance, which may affect the Right to Rent requirements.
Conclusion
The Immigration Act 2014 places a significant onus on landlords to ensure that tenants have the legal Right to Rent in the UK. Since 1 December 2016, the criminalisation of renting to individuals without this right has raised the stakes for landlords, making compliance more critical than ever.
In cases where tenants are found to be disqualified, landlords must follow either Ground 7B of the Housing Act 1988 or Section 33D of the Immigration Act 2014 to terminate the tenancy lawfully. By conducting diligent checks and adhering to legal procedures, landlords can protect themselves from severe penalties and safeguard their interests.
For more information on the Right to Rent and detailed guidance on compliance, visit our website or consult the latest government resources.
