Immigration Act 2016

On May 12, the Immigration Bill became the Immigration Act 2016.

This is intended to build on the Immigration Act 2014 increasing pressure on those unlawfully in the country.

For the private rented sector it creates a series of criminal offences which sit on top of the already existing civil fines connected to failures to carry out Right to Rent checks.

New powers to evict persons who do not have a Right to Rent have also been created.

The new Act works by adding further sections into the existing Immigration Act 2014 which build on top of the current provisions. These are inserted as sections 33A to 33E in the 2014 Act.

The new landlord offences

The main new offence is one committed by landlords who knowingly let to illegal immigrants. The offence is committed where a landlord:

  • Has let to one or more persons who do not have a right to rent;
  • Knows or should have known that those persons did not have a Right to Rent; and
  • Where there was a time-limited Right to Rent the time limit has now expired.

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