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Housing Act 1988
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Changes over time for: Cross Heading: Ground 7B
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Housing Act 1988, Cross Heading: Ground 7B is up to date with all changes known to be in force on or before 16 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Schedule 2 Part I Crossheading Ground-7b:
- specified provision(s) savings for amendments by 2018 anaw 1, s. 6, Sch. 6 by S.I. 2019/110 reg. 5
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
- Act savings and transitional provisions for amendments by S.I. 2022/1166 by S.I. 2022/1172 Regulations
[F1Ground 7BE+W
Textual Amendments
F1Sch. 2 Ground 7B inserted (1.12.2016) by Immigration Act 2016 (c. 19), ss. 41(2), 94(1) (with s. 41(7)); S.I. 2016/1037, reg. 5(e)
Modifications etc. (not altering text)
C1Sch. 2 Ground 7B applied (with modifications) (31.12.2020) by The Citizens' Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020 (S.I. 2020/1209), regs. 1(1), 3(4), 4(5), 12(1)(f)
Both of the following conditions are met in relation to a dwelling-house in England.
Condition 1 is that the Secretary of State has given a notice in writing to the landlord or, in the case of joint landlords, one or more of them which identifies—
(a)the tenant or, in the case of joint tenants, one or more of them, or
(b)one or more other persons aged 18 or over who are occupying the dwelling-house,
as a person or persons disqualified as a result of their immigration status from occupying the dwelling-house under the tenancy.
Condition 2 is that the person or persons named in the notice—
(a)fall within paragraph (a) or (b) of condition 1, and
(b)are disqualified as a result of their immigration status from occupying the dwelling-house under the tenancy.
For the purposes of this ground a person (“P”) is disqualified as a result of their immigration status from occupying the dwelling-house under the tenancy if—
(a)P is not a relevant national, and
(b)P does not have a right to rent in relation to the dwelling-house.
P does not have a right to rent in relation to the dwelling-house if—
(a)P requires leave to enter or remain in the United Kingdom but does not have it, or
(b)P's leave to enter or remain in the United Kingdom is subject to a condition preventing P from occupying the dwelling-house.
But P is to be treated as having a right to rent in relation to a dwelling-house if the Secretary of State has granted P permission for the purposes of this ground to occupy a dwelling-house under an assured tenancy.
In this ground “relevant national” means—
(a)a British citizen,
[F2(aa)an Irish citizen, or
(ab)a person who is not an Irish citizen and who has leave to enter or remain in the United Kingdom which was granted by virtue of residence scheme immigration rules within the meaning given by section 17 of the European Union (Withdrawal Agreement) Act 2020.]
F3(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
Textual Amendments
F2Words in Sch. 2 Ground 7B inserted (31.12.2020) by The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 8(2)(a)
F3Words in Sch. 2 Ground 7B omitted (31.12.2020) by virtue of The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 8(2)(b)
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