Immigration Act 2014

grants a right of occupation of premises for residential use,

provides for payment of rent (whether or not a market rent), and

is not an excluded agreement.

any lease, licence, sub-lease or sub-tenancy, and

an agreement for any of those things,

add a new description of excluded agreement,

remove any description, or

amend any description.

P is not a relevant national, and

P does not have a right to rent in relation to the premises.

P requires leave to enter or remain in the United Kingdom but does not have it, or

P's leave to enter or remain in the United Kingdom is subject to a condition preventing P from occupying the premises.

a person who has been granted leave to enter or remain in the United Kingdom for a limited period, or

a British citizen,

a national of an EEA State other than the United Kingdom, or

a national of Switzerland.

a tenant who is disqualified as a result of their immigration status,

another adult named in the agreement who is disqualified as a result of their immigration status, or

another adult not named in the agreement who is disqualified as a result of their immigration status (subject to subsection (6)).

a residential tenancy agreement is entered into that grants a right to occupy premises on an adult with a limited right to rent,

the adult later becomes a person disqualified as a result of their immigration status, and

the adult continues to occupy the premises after becoming disqualified.

reasonable enquiries were not made of the tenant before entering into the agreement as to the relevant occupiers, or

reasonable enquiries were so made and it was, or should have been, apparent from the enquiries that the adult in question was likely to be a relevant occupier.

the landlord knew when entering into the agreement that the term would be breached, or

the prescribed requirements were not complied with before entering into the agreement.

a right of occupation is exercisable on entering into an agreement or from a later date;

a right of occupation is granted unconditionally or on satisfaction of a condition.

in relation to a pre-grant contravention, the landlord who entered into the residential tenancy agreement;

in relation to a post-grant contravention, the person who is the landlord under the agreement at the time of the contravention.

contraventions of section 22 generally, or

contraventions of a particular description and the contravention in question is of that description.

the prescribed requirements were complied with before the residential tenancy agreement was entered into, or

a person acting as the landlord's agent is responsible for the contravention (see section 25(2)).

the landlord has notified the Secretary of State of the contravention as soon as reasonably practicable;

a person acting as the landlord's agent is responsible for the contravention;

the eligibility period in relation to the limited right occupier whose occupation caused the contravention has not expired.

complied with the prescribed requirements in relation to each limited right occupier at the end of the eligibility period, and

notified the Secretary of State of the contravention without delay on it first becoming apparent that the contravention had occurred.

a landlord contravenes section 22, and

a person acting as the landlord's agent (“the agent”) is responsible for the contravention.

the agent acts in the course of a business, and

under arrangements made with the landlord in writing, the agent was under an obligation for the purposes of this Chapter to comply with the prescribed requirements on behalf of the landlord.

knew that the landlord would contravene section 22 by entering into the agreement,

had sufficient opportunity to notify the landlord of that fact before the landlord entered into the agreement, but

did not do so.

the agent has notified the Secretary of State and the landlord of the contravention as soon as reasonably practicable;

the eligibility period in relation to the limited right occupier whose occupation caused the contravention has not expired.

complied with the prescribed requirements in relation to each limited right occupier at the end of the eligibility period, and

notified the Secretary of State and the landlord of the contravention without delay on it first becoming apparent that the contravention had occurred.

the period of one year beginning with the time when the prescribed requirements were last complied with in relation to the occupier;

so much of any leave period as remains at that time;

so much of any validity period as remains at that time.

is issued as evidence that a person who is not a national of an EEA state or Switzerland is entitled to enter or remain in the United Kingdom by virtue of an enforceable EU right or of any provision made under section 2(2) of the European Communities Act 1972, or

grants to the holder a right to enter or remain in the United Kingdom for such period as the document may authorise.

to a landlord under section 23 without having established whether the landlord is excused from paying the penalty under section 24;

to an agent under section 25 without having established whether the agent is excused from paying the penalty under section 26.

be in writing,

state why the Secretary of State thinks the recipient is liable to the penalty,

state the amount of the penalty,

specify a date, at least 28 days after the date specified in the notice as the date on which it is given, before which the penalty must be paid,

specify how a penalty must be paid,

explain how the recipient may object to the penalty or make an appeal against it, and

explain how the Secretary of State may enforce the penalty.

the adult has ceased to occupy the premises concerned, and

a period of 12 months or more has passed since the time when the adult last occupied the premises,

it is a new penalty notice given by virtue of section 29(6)(b) on the determination of an objection to another penalty notice, and

that other penalty notice was given before the end of the period.

the recipient is not liable to the imposition of the penalty,

the recipient is excused by virtue of section 24 or 26, or

the amount of the penalty is too high.

be in writing,

give the reasons for the objection,

be given in the prescribed manner, and

be given before the end of the prescribed period.

cancel the penalty,

reduce the penalty,

increase the penalty, or

determine to take no action.

notify the recipient of the decision (including the amount of any increased or reduced penalty) before the end of the prescribed period or such longer period as the Secretary of State may agree with the recipient, and

if the penalty is increased, issue a new penalty notice under section 23 or (as the case may be) section 25.

the recipient is not liable to the imposition of a penalty,

the recipient is excused payment as a result of section 24 or 26, or

the amount of the penalty is too high.

allow the appeal and cancel the penalty,

allow the appeal and reduce the penalty, or

dismiss the appeal.

the code of practice under section 32 that has effect at the time of the appeal, and

any other matters which the court thinks relevant (which may include matters of which the Secretary of State was unaware).

has determined the objection by issuing to the recipient the penalty notice (as a result of increasing the penalty under section 29(5)(c)),

has not informed the recipient of a decision before the end of the period that applies for the purposes of section 29(6)(a).

the county court, if the appeal relates to a residential tenancy agreement in relation to premises in England and Wales;

the sheriff, if the appeal relates to a residential tenancy agreement in relation to premises in Scotland;

a county court in Northern Ireland, if the appeal relates to a residential tenancy agreement in relation to premises in Northern Ireland.

in relation to England and Wales, to be treated for the purposes of section 98 of the Courts Act 2003 (register of judgments and orders etc) as if it were a judgment entered in the county court;

in relation to Northern Ireland, to be treated for the purposes of Article 116 of the Judgments Enforcement (Northern Ireland) Order 1981 (S.I. 1981/226 (N.I. 6)) (register of judgments) as if it were a judgment in respect of which an application has been accepted under Article 22 or 23(1) of that Order.

the reasonable enquiries that a landlord should make to determine the identity of relevant occupiers in relation to a residential tenancy agreement (so far as they are not named in the agreement);

any other matters in connection with this Chapter that the Secretary of State considers appropriate.

may not be issued unless a draft has been laid before Parliament, and

comes into force in accordance with provision made by order of the Secretary of State.

the Equality Act 2010, so far as relating to race, or

the Race Relations (Northern Ireland) Order 1997 (S.I. 1997/869 (N.I. 6)).

the Commission for Equality and Human Rights,

the Equality Commission for Northern Ireland, and

such persons representing the interests of landlords and tenants as the Secretary of State considers appropriate.

publish a draft code, and

consider any representations made about the published draft.

may not be issued unless a draft has been laid before Parliament (prepared after considering representations under subsection (4)(b) and with or without modifications to reflect the representations), and

comes into force in accordance with provision made by order of the Secretary of State.

does not make a person liable to civil or criminal proceedings, but

may be taken into account by a court or tribunal.

obtain a document of a prescribed description from relevant occupiers before or during the course of a residential tenancy agreement;

obtain one document of each of a number of prescribed descriptions from relevant occupiers before or during the course of a residential tenancy agreement;

take steps to verify, retain, copy or record the content of a document obtained in accordance with the order;

take such other steps before or during the course of a residential tenancy agreement as the order may specify.

another residential tenancy agreement was entered into before the commencement day between the same parties (“the original agreement”), and

the tenant has always had a right of occupation of the premises leased under the renewed agreement since entering into the original agreement.

the agreement expressly grants that person the right (whether or not by naming the person), or

the person is permitted to occupy the premises by virtue of an express grant given to another person,

any other references to the landlord in this Chapter are to be taken as references to all of those persons.

the references to the agent in section 26(5), (6)(a) and (7) are to be taken as references to any of those persons;

any other references to the agent in this Chapter are to be taken as references to all of those persons.

a residential tenancy agreement is, or is not, to be treated as being entered into for the purposes of this Chapter;

a person is, or is not, to be treated as occupying premises as an only or main residence for the purposes of this Chapter.

an option to renew an agreement is exercised;

rights of occupation under an agreement are varied;

an agreement is assigned (whether by the landlord or the tenant);

a periodic tenancy arises at the end of a fixed term;

an agreement grants a right of occupation on satisfaction of a condition;

there is a change in the persons in occupation of the premises leased under an agreement or in the circumstances of any such person.

persons who apply for immigration permission, or

any description of such persons.

leave to enter or remain in the United Kingdom for a limited period,

entry clearance which, by virtue of provision made under section 3A(3) of the Immigration Act 1971, has effect as leave to enter the United Kingdom for a limited period, or

any other entry clearance which may be taken as evidence of a person's eligibility for entry into the United Kingdom for a limited period.

impose a separate charge on a person in respect of each application made by that person;

specify the amount of any charge (and different amounts may be specified for different purposes);

make provision about when or how a charge may or must be paid to the Secretary of State;

make provision about the consequences of a person failing to pay a charge (including provision for the person's application to be refused);

provide for exemptions from a charge;

provide for the reduction, waiver or refund of part or all of a charge (whether by conferring a discretion or otherwise).

be paid into the Consolidated Fund, or

be applied in such other way as the order may specify.

persons who require leave to enter or remain in the United Kingdom but do not have it, and

persons who have leave to enter or remain in the United Kingdom for a limited period.

section 175 of the National Health Service Act 2006 (charges in respect of persons not ordinarily resident in Great Britain);

section 124 of the National Health Service (Wales) Act 2006 (charges in respect of persons not ordinarily resident in Great Britain);

section 98 of the National Health Service (Scotland) Act 1978 (charges in respect of persons not ordinarily resident in Great Britain);

Article 42 of the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I. 14)) (provision of services to persons not ordinarily resident in Northern Ireland).

B has carried out a status check which indicates that P is not a disqualified person, or

at the time when the account is opened B is unable, because of circumstances that cannot reasonably be regarded as within its control, to carry out a status check in relation to P.

is in the United Kingdom, and

requires leave to enter or remain in the United Kingdom but does not have it.

carrying out a “status check” in relation to P means checking with a specified anti-fraud organisation or a specified data-matching authority whether, according to information supplied to that organisation or authority by the Secretary of State, P is a disqualified person;

a “disqualified person” is a person within subsection (2) for whom the Secretary of State considers that a current account should not be opened by a bank or building society;

a bank or building society is required to pay a reasonable fee for carrying out status checks, and

its inability to carry out a status check is due to its failure to pay the fee.

provide for the Financial Conduct Authority to be given free access to the information to which banks and building societies are given access when carrying out status checks under section 40;

apply, or make provision corresponding to, any of the provisions of the Financial Services and Markets Act 2000, including in particular those mentioned in subsection (3), with or without modification.

provisions about investigations, including powers of entry and search and criminal offences;

provisions for the grant of an injunction (or, in Scotland, an interdict) in relation to a contravention or anticipated contravention;

provisions giving the Financial Conduct Authority powers to impose disciplinary measures (including financial penalties) or to give directions;

provisions giving a Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975) or the Financial Conduct Authority powers to make subordinate legislation;

provisions for the Financial Conduct Authority to charge fees.

a person who under Part 4A of the Financial Services and Markets Act 2000 has permission to accept deposits;

an EEA firm of the kind mentioned in paragraph 5(b) of Schedule 3 to that Act that has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12(1) of that Schedule) to accept deposits.

a building society;

a person who is specified, or is within a class of persons specified, by an order under section 38 of the Financial Services and Markets Act 2000 (exemption orders);

a credit union within the meaning given by section 31(1) of the Credit Unions Act 1979 or by Article 2(2) of the Credit Unions (Northern Ireland) Order 1985;

a friendly society within the meaning given by section 116 of the Friendly Societies Act 1992.

to alter the categories of financial institution to which those sections apply;

to alter the categories of account to which the prohibition in section 40(1) applies;

to include provision defining a category of account specified in that section;

to provide for the prohibition in section 40(1) not to apply in the case of an account to be operated (or an account that is operated) by or for a person or body of a specified description.

in subsection (5), after “(3)” insert “ , (3ZA) ”;

in subsection (1)(c), after “99(3)” insert “ , (3ZA) ”;

in paragraph (7), after “(5)” insert “ , (5ZA) ”.

in paragraph (1)(c), after “15(5)” insert “ , (5ZA) ”;

a superintendent registrar refers a proposed marriage to the Secretary of State under section 28H of the Marriage Act 1949, or

a registration authority refers a proposed civil partnership to the Secretary of State under section 12A of the Civil Partnership Act 2004.

only one of the parties to the proposed marriage or civil partnership is an exempt person, or

neither of the parties are exempt persons.

both of the parties to the proposed marriage, and

the superintendent registrar who referred the proposed marriage to the Secretary of State.

both of the parties to the proposed civil partnership,

the registration authority who referred the proposed civil partnership to the Secretary of State, and

if different, the registration authority responsible for issuing the civil partnership schedule under section 14(1) of the Civil Partnership Act 2004 in relation to the proposed civil partnership.

is a relevant national;

has the appropriate immigration status; or

holds a relevant visa in respect of the proposed marriage or civil partnership.

has a right of permanent residence in the United Kingdom by virtue of an enforceable EU right or of any provision made under section 2(2) of the European Communities Act 1972;

is exempt from immigration control; or

is settled in the United Kingdom (within the meaning of the Immigration Act 1971 — see section 33(2A) of that Act).

the section 48 notice given to the relevant party states that he or she must do so, or

the Secretary of State subsequently notifies the relevant party (orally or in writing) that he or she must do so;

decide the compliance question; and

give notice of that decision to the persons to whom the Secretary of State gave the section 48 notice relating to the proposed marriage or civil partnership.

the circumstances in which a relevant party is to be taken to have failed to comply with a relevant requirement;

the consequences of a relevant party's failure to comply with a relevant requirement.

notice that the compliance question must be decided within the period of 70 days mentioned in section 50(7);

notice of the date on which that period will end;

notice that a relevant party may be required to comply with one or more requirements imposed by the Secretary of State subsequently in accordance with section 50(3); and

prescribed information about the investigation.

the conduct of the investigation;

requirements with which the relevant parties must comply in relation to the investigation;

the consequence of a failure to comply with those or any other requirements;

the possible outcomes of the investigation;

the consequences of those outcomes.

a requirement to make contact with a particular person or description of persons in a particular way (including by telephoning a particular number) within a particular time period;

a requirement to be present at a particular place at a particular time;

a requirement to be visited at home;

a requirement to be interviewed;

a requirement to provide information (whether orally or in writing);

a requirement to provide photographs;

a requirement to provide evidence.

proposed marriages under the law of Scotland;

proposed civil partnerships under the law of Scotland;

proposed marriages under the law of Northern Ireland;

proposed civil partnerships under the law of Northern Ireland.

make provision having a similar effect to the provision made by section 58, Schedule 4, or Parts 1, 2 and 4 of Schedule 6;

confer functions on any person;

amend, repeal or revoke any enactment (including an enactment contained in this Act).

the Scottish Ministers,

the First Minister and deputy First Minister in Northern Ireland,

a Northern Ireland Minister, or

a Northern Ireland department.

whether a person is a relevant national;

whether a person has the appropriate immigration status;

whether a person has a relevant visa.

the kind of evidence which is to be supplied;

the form in which evidence is to be supplied;

the manner in which evidence is to be supplied;

the period within which evidence is to be supplied;

the supply of further evidence;

the sufficiency of evidence supplied;

the consequences of failing to supply sufficient evidence in accordance with the regulations (including provision to secure that, in such a case, a particular decision is made or is to be treated as having been made);

the retention or copying of evidence supplied.

notices under any provision of this Part;

notices relating to the referral of proposed marriages under section 28H of the Marriage Act 1949 which are given under any provision of that Act;

notices relating to the referral of proposed civil partnerships under section 12A of the Civil Partnership Act 2004 which are given under any provision of that Act.

the appropriate immigration status;

a relevant visa.