PART 3Access to services etc

CHAPTER 1Residential tenancies

Penalty notices

22Persons disqualified by immigration status not to be leased premises

(1)

A landlord must not authorise an adult to occupy premises under a residential tenancy agreement if the adult is disqualified as a result of their immigration status.

(2)

A landlord is to be taken to “authorise” an adult to occupy premises in the circumstances mentioned in subsection (1) if (and only if) there is a contravention of this section.

(3)

There is a contravention of this section in either of the following cases.

(4)

The first case is where a residential tenancy agreement is entered into that, at the time of entry, grants a right to occupy premises to—

(a)

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

(b)

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

(c)

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

(5)

The second case is where—

(a)

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

(b)

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

(c)

the adult continues to occupy the premises after becoming disqualified.

(6)

There is a contravention as a result of subsection (4)(c) only if—

(a)

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

(b)

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.

(7)

Any term of a residential tenancy agreement that prohibits occupation of premises by a person disqualified by their immigration status is to be ignored for the purposes of determining whether there has been a contravention of this section if—

(a)

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

(b)

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

(8)

It does not matter for the purposes of this section whether or not—

(a)

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

(b)

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

(9)

A contravention of this section does not affect the validity or enforceability of any provision of a residential tenancy agreement by virtue of any rule of law relating to the validity or enforceability of contracts in circumstances involving illegality.

(10)

In this Chapter—

“post-grant contravention” means a contravention in the second case mentioned in subsection (5);

“pre-grant contravention” means a contravention in the first case mentioned in subsection (4);

“relevant occupier”, in relation to a residential tenancy agreement, means any adult who occupies premises under the agreement (whether or not named in the agreement).