How To Evict Illegal Immigrants?

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Landlords in the UK can find themselves in serious trouble if they fail to check the immigration status of their tenants. The UK government measures to crack down on illegal immigration state that landlords could be sent in for 5 years of imprisonment or be charged an unlimited fine for renting a property in England to someone who they knew or had ‘reasonable cause to believe’ did not have the right to rent in the UK.

This includes if you had any reason to believe that:

they did not have leave (permission) to enter or stay in the UK
their leave had expired
their papers were incorrect or false

You can also be fined if both of the following apply:

you rent your property to someone who is not allowed to stay in the UK
you cannot show that you checked their right to rent

This will trigger power for landlords to end the tenancy, without a court order in some circumstances.

Before enabling a tenant to move in, landlords will be forced to do “right to rent” checks on their immigration status.

The new plans also call for the elimination of financial assistance to unsuccessful asylum seekers.

Because they are residing in the UK with their families, 10,000 asylum seekers are still receiving a taxpayer-funded allowance of 36 pounds per week despite their applications being rejected.

Right to rent

The Right to Rent provisions, enacted by Section 22 of the Immigration Act 2014, make landlords accountable for ensuring that their tenants have the legal right to rent in the UK. Agents must also guarantee that the checks have been conducted by themselves or the landlord.

If landlords refuse to do so, they risk being prosecuted and facing up to five years in prison, a fine, or both.

What is Immigration Act 2016

The Immigration Act 2016 modifies the Immigration Act 2014, allowing agents and landlords to correct the issue by ending the tenancy of illegal immigrants and evicting them within a reasonable time limit.

This is covered by Section 33A of the 2016 Act, which provides that a landlord or agent charged with renting to a person above the age of 18 who no longer has (or never had) the right to rent in the UK can use this as a defence:

Evidence that they have taken reasonable steps to end the residential tenancy agreement, as well as
Proof that they acted within a reasonable time frame, starting from the time they first learned or had reasonable cause to suspect that the premises were inhabited by an adult who no longer had the right to rent.

Security of tenure and eviction

The Immigration Act 2016 changes the Housing Act 1988, the Rent Act 1977, and the Protection from Eviction Act 1977, effective December 1, 2016, to reduce the security of tenure of tenants who do not have a right to rent.

The procedure for eviction depends on whether:

all the occupiers lack a right to rent
one or more – but not all – of the occupiers lack a right to rent

Fast-track eviction where all occupiers have no right to rent

From December 1, 2016, landlords may adopt a ‘quick track’ eviction process in which all tenants or licensees lose their right to rent. [1] Only once the Home Office has issued a disqualification notice (or notices) to the landlord in accordance with section 33D(2) of the Immigration Act 2014 may this be used.

A ‘section 33D(2) notice’ must:

identify the occupier (or all of them, including children of the household, if there is more than one), and
state that the occupier or occupiers are disqualified from renting because they have no right to rent

The occupier’s or occupier’s status is ‘converted’ to that of an excluded occupant by the Home Office notification, which authorises the landlord to terminate the agreement by serving a minimum of 28 days’ notice on a regulated firm. [2] The notice of disqualification must be attached to the required form.

All types of tenure in the private rented sector are affected by the change to excluded occupier status (except those that are excluded occupiers already).

The landlord’s notification is enforceable as a High Court order. The landlord can evict the occupant without a court order and without having to apply to the court for bailiffs to enforce possession after the landlord’s notice has expired. They must do so lawfully and peaceably.

If the occupants have not gone by the time the landlord’s notice expires and the landlord wants to avoid committing a criminal offence under the Criminal Law Act 1977, they can apply to the High Court for permission to enforce it through a writ of possession. Any application for authorisation to issue a writ of possession must include a copy of the Home Office’s ‘section 33D(2) notice.’ [3]

At least one occupier has a right to rent

Depending on the occupier’s security of tenure status, the landlord may lawfully take possession if at least one occupant has no right to rent.

The relevant schedules of the Rent Act 1977 and Housing Act 1988 have been updated to include further reasons for possession.

The security of tenure of the occupant determines how a landlord may obtain possession.

An illegal eviction occurs when a landlord evicts a tenant/licensee without completing the correct procedure for the type of tenancy or licence in question.

Immigration Guidance

Many landlord organisations advise landlords and agents to conduct right-to-rent checks on all tenants to verify that they are complying with these regulations while also avoiding being accused of racism or bias towards any potential tenant. The Home Office has created a Right to Rent checklist as well as landlord guidance.

Only advisers authorised by the Office of the Immigration Services Commissioner are allowed to provide advice on immigration matters, such as obtaining leave to enter and remain in the UK or challenging a decision of the Home Office.

Immigrants who are unaware of their immigration status can check it on a Helpline created by The Joint Council for the Welfare of Immigrants (JCWI). They can call on Mondays, Tuesdays and Thursdays, from 10 am to 1 pm, on 0207 553 7470 to check their status. It is specifically aimed at people who are unsure about their immigration status and require specialist immigration advice on whether they can obtain permission to rent from the Home Office, the strength of their claim to regularise their status in the UK, and how to take their case further.

Summing-up

Shergroup can help landlords in carrying out a background check that includes an immigration check of the tenants to verify their right to rent. Using our service landlords can save themselves from any potential legal trouble and can carry out their renting business peacefully.

Our solution is cost-effective and offers detailed background information about the tenant. Once you’re satisfied with the background check then you can go forward with the rent formalities.

If you’re stuck with a naughty tenant, we can also help you with a tenant eviction solution or any other property solution. To know more about our background screening or tenant eviction solution call our business solutions advisors.

FAQs: Right to Rent Checks for UK Landlords

Legal Requirements and Penalties

Q: What penalties can landlords face for renting to someone without the right to rent in the UK?

A: Landlords who knowingly rent to someone they knew or had ‘reasonable cause to believe’ did not have the right to rent could face up to 5 years imprisonment or an unlimited fine. You can also be fined if you cannot demonstrate that you checked their right to rent.

Q: What does ‘reasonable cause to believe’ mean in the context of right to rent checks?

A: You have reasonable cause to believe a tenant doesn’t have the right to rent if you had any reason to suspect that they did not have leave (permission) to enter or stay in the UK, their leave had expired, or their papers were incorrect or false.

Q: What legislation governs right to rent checks?

A: The Right to Rent provisions are enacted by Section 22 of the Immigration Act 2014. The Immigration Act 2016 further modifies these provisions, allowing landlords and agents to end tenancies of illegal immigrants within a reasonable time limit.

Q: Are letting agents also responsible for right to rent checks?

A: Yes, agents must guarantee that the checks have been conducted either by themselves or by the landlord. They face the same penalties as landlords for non-compliance.

Right to Rent Checks

Q: When must I conduct right to rent checks?

A: Right to rent checks must be completed before enabling a tenant to move into your property. This is a mandatory requirement for all landlords in England.

Q: What should I check during a right to rent verification?

A: You need to verify that the tenant has valid leave (permission) to enter or stay in the UK, that their leave has not expired, and that their documentation is correct and genuine.

Q: How can I avoid accusations of discrimination when conducting right to rent checks?

A: Many landlord organisations recommend conducting right-to-rent checks on all prospective tenants consistently. This helps ensure compliance with regulations while avoiding accusations of racism or bias towards any particular tenant. The Home Office has created a Right to Rent checklist and landlord guidance to help.

Eviction Procedures

Q: Can I evict a tenant without a court order if they don’t have the right to rent?

A: In some circumstances, yes. If all occupiers lack the right to rent and the Home Office has issued a section 33D(2) disqualification notice, you can use a fast-track eviction process without needing a court order initially.

Q: What is a section 33D(2) notice?

A: A section 33D(2) notice is issued by the Home Office and must identify the occupier(s) and state that they are disqualified from renting because they have no right to rent. This notice converts the occupier’s status to that of an excluded occupant.

Q: How much notice must I give for a fast-track eviction?

A: You must serve a minimum of 28 days’ notice on the occupier(s) when using the fast-track eviction process. The notice of disqualification must be attached to the required form.

Q: What happens if occupiers don’t leave after the 28-day notice expires?

A: If occupants have not left by the expiry of the notice period, you can apply to the High Court for permission to enforce the eviction through a writ of possession. Any such application must include a copy of the Home Office’s section 33D(2) notice.

Q: What if only some occupiers lack the right to rent?

A: If at least one occupant has the right to rent, the eviction procedure depends on the occupier’s security of tenure status. Different provisions under the Rent Act 1977 and Housing Act 1988 apply in these cases.

Q: What constitutes an illegal eviction?

A: An illegal eviction occurs when a landlord evicts a tenant or licensee without completing the correct procedure for the type of tenancy or licence in question. You must follow lawful and peaceable procedures.

Defence and Legal Protection

Q: What defence do I have if I’m charged with renting to someone without the right to rent?

A: Under Section 33A of the Immigration Act 2016, you can use as a defence evidence that you took reasonable steps to end the tenancy agreement and that you acted within a reasonable timeframe from when you first learned or had reasonable cause to suspect the tenant lacked the right to rent.

Q: How does the Immigration Act 2016 affect security of tenure?

A: The Immigration Act 2016 modifies the Housing Act 1988, Rent Act 1977, and Protection from Eviction Act 1977 to reduce the security of tenure for tenants who do not have a right to rent, making it easier for landlords to regain possession in these circumstances.

Immigration Advice and Support

Q: Where can tenants check their immigration status?

A: The Joint Council for the Welfare of Immigrants (JCWI) operates a helpline on 0207 553 7470, available Mondays, Tuesdays and Thursdays from 10 am to 1 pm. This service helps people unsure about their immigration status.

Q: Who can provide immigration advice?

A: Only advisers authorised by the Office of the Immigration Services Commissioner are allowed to provide advice on immigration matters, such as obtaining leave to enter and remain in the UK or challenging Home Office decisions.

Shergroup Services

Q: How can Shergroup help landlords with right to rent compliance?

A: Shergroup can conduct comprehensive background checks that include immigration checks to verify tenants’ right to rent. This cost-effective solution provides detailed background information and helps landlords avoid potential legal trouble.

Q: What other services does Shergroup offer landlords?

A: In addition to background screening, Shergroup offers tenant eviction solutions and other property solutions for landlords dealing with problematic tenants.