PART 3Access to services etc
CHAPTER 1Residential tenancies
Penalty notices
I1I222Persons 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).