Immigration Bill (HL Bill 79)

Immigration BillPage 10

(a) knew or had reasonable cause to believe that the landlord
would contravene section 22 by entering into the residential
tenancy agreement in question,

(b) had sufficient opportunity to notify the landlord of that fact
5before the landlord entered into the agreement, but

(c) did not do so.

(3) Subsection (4) applies where—

(a) a landlord contravenes section 22 in relation to a residential
tenancy agreement relating to premises in England,

(b) 10the contravention is a post-grant contravention, and

(c) a person acting as the landlord’s agent (“the agent”) is
responsible for the post- grant contravention.

(4) The agent commits an offence if—

(a) the agent knows or has reasonable cause to believe that there
15has been a post-grant contravention in relation to the
agreement, and

(b) neither of paragraphs (a) and (b) of section 26(6) applies in
relation to the post-grant contravention.

(5) Subsection (4) applies whether or not the agent is given a notice under
20section 25 in respect of the contravention.

33C Offences: penalties etc

(1) A person who is guilty of an offence under section 33A or 33B is liable—

(a) on conviction on indictment, to imprisonment for a term not
exceeding five years, to a fine or to both;

(b) 25on summary conviction, to imprisonment for a term not
exceeding 12 months, to a fine or to both.

(2) In the application of this section in relation to an offence committed
before the coming into force of section 154(1) of the Criminal Justice Act
2003 the reference in subsection (1)(b) to 12 months is to be read as a
30reference to 6 months.

(3) If an offence under section 33A or 33B is committed by a body corporate
with the consent or connivance of an officer of the body, the officer, as
well as the body, is to be treated as having committed the offence.

(4) In subsection (3) a reference to an officer of a body includes a reference
35to—

(a) a director, manager or secretary,

(b) a person purporting to act as a director, manager or secretary,
and

(c) if the affairs of the body are managed by its members, a
40member.

(5) Where an offence under section 33A or 33B is committed by a
partnership (whether or not a limited partnership) subsection (3) has
effect, but as if a reference to an officer of the body were a reference to—

(a) a partner, and

(b) 45a person purporting to act as a partner.

(6) An offence under section 33A or 33B is to be treated as—

Immigration BillPage 11

(a) a relevant offence for the purposes of sections 28B and 28D of
the Immigration Act 1971 (search, entry and arrest), and

(b) an offence under Part 3 of that Act (criminal proceedings) for
the purposes of sections 28E, 28G and 28H of that Act (search
5after arrest).”

(3) In section 35 (transitional provision) after subsection (3) insert—

(4) References in this section to this Chapter do not include sections 33A to
33E (offences and eviction).

(5) Sections 33A to 33C apply in relation to a residential tenancy agreement
10entered into before or after the coming into force of section 13 of the
Immigration Act 2016 (which inserted those sections into this Act).

(6) But sections 33A(7) and (8) and section 33B apply only in relation to a
contravention of section 22 which occurs after the coming into force of
section 13 of the Immigration Act 2016.”

(4) 15In section 36 (Crown application) at the end insert “or the landlord for the
purposes of section 33A.”

(5) In section 37(4)(a) (provisions in which references to the landlord are to any of
them)—

(a) omit the “and” at the end of sub-paragraph (ii), and

(b) 20at the end of sub-paragraph (iii) insert—

(“iv) section 33A,”.

(6) In section 28A of the Immigration Act 1971 (arrest without warrant)—

(a) after subsection (9B) insert—

(9C) An immigration officer may arrest without warrant a person
25who, or whom the immigration officer has reasonable grounds
for suspecting—

(a) has committed or attempted to commit an offence under
section 33A or 33B of the Immigration Act 2014 (offences
relating to residential tenancies), or

(b) 30is committing or attempting to commit that offence.”,

(b) in subsection (10) for “and (9B)” substitute “, (9B) and (9C)”, and

(c) in subsection (11) for “and (9B)” substitute “, (9B) and (9C)”.

14 Eviction

(1) The Immigration Act 2014 is amended in accordance with subsections (2) to (4).

(2) 35After section 33C (inserted by section 13) insert—

Eviction

33D Termination of agreement where all occupiers disqualified

(1) The landlord under a residential tenancy agreement relating to
premises in England may terminate the agreement in accordance with
this section if the condition in subsection (2) is met.

(2) 40The condition is that the Secretary of State has given one or more
notices in writing to the landlord which, taken together,—

Immigration BillPage 12

(a) identify the occupier of the premises or (if there is more than
one occupier) all of them, and

(b) state that the occupier or occupiers are disqualified as a result of
their immigration status from occupying premises under a
5residential tenancy agreement.

(3) The landlord may terminate the residential tenancy agreement by
giving notice in writing to the tenant or, in the case of a joint tenancy,
all of the tenants specifying the date on which the agreement comes to
an end.

(4) 10That date must not be earlier than the end of the period of 28 days
beginning with the day specified in the notice as the day on which it is
given.

(5) The notice may be given—

(a) by delivering it to the tenant or tenants,

(b) 15by leaving it at the premises,

(c) by sending it by post to the tenant or tenants at the address of
the premises, or

(d) in any other prescribed manner.

(6) The notice is to be treated as a notice to quit in a case where a notice to
20quit would otherwise be required to bring the residential tenancy
agreement to an end.

(7) The notice is enforceable as if it were an order of the High Court.

(8) In this section “occupier”, in relation to premises to which a residential
tenancy agreement applies, means—

(a) 25a tenant,

(b) a person who, under the agreement, otherwise has the right to
occupy the premises and is named in the agreement, and

(c) any other person who the landlord knows is occupying the
premises.”

33E 30Other procedures for ending agreement

(1) It is an implied term of a residential tenancy agreement to which this
subsection applies that the landlord may terminate the tenancy if the
premises to which it relates are occupied by an adult who is
disqualified as a result of their immigration status from occupying
35premises under a residential tenancy agreement.

(2) Subsection (1) applies to a residential tenancy agreement relating to
premises in England if—

(a) it is a tenancy or sub-tenancy or an agreement for a tenancy or
sub-tenancy, but

(b) 40it is not a protected or statutory tenancy within the meaning of
the Rent Act 1977 or an assured tenancy within the meaning of
the Housing Act 1988.

(3) For provision relating to a residential tenancy agreement which is a
protected or statutory tenancy where a tenant or occupier is
45disqualified as a result of their immigration status from occupying
premises under a residential tenancy agreement, see Case 10A in Part 1
of Schedule 15 to the Rent Act 1977.

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(4) For provision relating to a residential tenancy agreement which is an
assured tenancy where a tenant or occupier is disqualified as a result of
their immigration status from occupying premises under a residential
tenancy agreement, see Ground 7B in Part 1 of Schedule 2 to the
5Housing Act 1988.”

(3) In section 35 (transitional provision) after subsection (6) (inserted by section
13(3)) insert—

(7) Sections 33D and 33E apply in relation to a residential tenancy
agreement entered into before or after the coming into force of section
1014 of the Immigration Act 2016 (which inserted those sections into this
Act).”

(4) In section 37(4)(a) (provisions in which references to the landlord are to any of
them) after sub-paragraph (iv) (inserted by section 13(5)(b)) insert—

(“v) section 33D, and

(vi) 15section 33E,”.

(5) In section 3A of the Protection from Eviction Act 1977 (excluded tenancies and
licences) after subsection (7C) insert—

(7D) A tenancy or licence is excluded if—

(a) it is a residential tenancy agreement within the meaning of
20Chapter 1 of Part 3 of the Immigration Act 2014, and

(b) the condition in section 33D(2) of that Act is met in relation to
that agreement.”

(6) In section 5 of the Housing Act 1988 (security of tenure)—

(a) in subsection (1) omit the “or” at the end of paragraph (b) and at the end
25of paragraph (c) insert , or

(d) in the case of an assured tenancy—

(i) which is a residential tenancy agreement within
the meaning of Chapter 1 of Part 3 of the
Immigration Act 2014, and

(ii) 30in relation to which the condition in section
33D(2) of that Act is met,

giving a notice in accordance with that section,”, and

(b) in subsection (2) omit the “or” at the end of paragraph (a) and at the end
of paragraph (b) insert , or

(c) 35the giving of a notice under section 33D of the
Immigration Act 2014,”.

(7) The amendments made by subsections (5) and (6) apply in relation to a tenancy
or (in the case of subsection (5)) a licence entered into before or after the coming
into force of this section.

15 40Order for possession of dwelling-house

(1) The Housing Act 1988 is amended in accordance with subsections (2) to (5).

(2) In Part 1 of Schedule 2 (assured tenancies: grounds on which court must order

Immigration BillPage 14

possession) after Ground 7A insert—

Ground 7B

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
5to 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
10the 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) 15are 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) 20P 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
25but 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
30dwelling-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,

(b) 35a national of an EEA State other than the United Kingdom, or

(c) a national of Switzerland.”

(3) In section 7 (orders for possession)—

(a) in subsection (3) after “subsections (5A) and (6)” insert “and section
10A”,

(b) 40in subsection (5A)(a) for “and 7A” substitute “, 7A and 7B”,

(c) in subsection (6)(a) after “Ground 7A” insert “, Ground 7B”, and

(d) after subsection (6A) insert—

(6B) The requirement in subsection (6)(b) that would otherwise
apply to an order for possession of a dwelling-house let on an

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assured fixed term tenancy does not apply where the ground
for possession is Ground 7B in Part 1 of Schedule 2 to this Act.”

(4) In section 8(5) (cases where court may not dispense with notice of proceedings
for possession) after “Ground 7A” insert “, 7B”.

(5) 5After section 10 insert—

10A Power to order transfer of tenancy in certain cases

(1) This section applies on an application for an order for possession of a
dwelling-house let on an assured tenancy if the court is satisfied that—

(a) Ground 7B in Schedule 2 is established,

(b) 10no other ground in that Schedule is established, or one or more
grounds in Part 2 of that Schedule are established but it is not
reasonable to make an order for possession on that ground or
those grounds,

(c) the tenancy is a joint tenancy, and

(d) 15one or more of the tenants is a qualifying tenant.

(2) In subsection (1)(d) “qualifying tenant” means a person who (within
the meaning of ground 7B) is not disqualified as a result of the person’s
immigration status from occupying the dwelling-house under the
tenancy.

(3) 20The court may, instead of making an order for possession, order that
the tenant’s interest under the tenancy is to be transferred so that it is
held—

(a) if there is one qualifying tenant, by the qualifying tenant as sole
tenant, or

(b) 25if there is more than one qualifying tenant, by all of them as joint
tenants.

(4) The effect of an order under this section is that, from the time the order
takes effect, the qualifying tenant or tenants—

(a) are entitled to performance of the landlord’s covenants under
30the tenancy, and

(b) are liable to perform the tenant’s covenants under the tenancy.

(5) The effect of an order under this section is that, from the time it takes
effect, any other person who was a tenant under the tenancy before the
order took effect—

(a) 35ceases to be entitled to performance of the landlord’s covenants
under the tenancy, or

(b) ceases to be liable to perform the tenant’s covenants under the
tenancy.

(6) Subsection (5) does not remove any right or liability of the person
40which accrued before the order took effect.

(7) An order under this section does not operate to create a new tenancy as
between the landlord and the qualifying tenant or tenants.

(8) In particular, if the tenancy is a fixed term tenancy, the term comes to
an end at the same time as if the order had not been made.”

(6) 45In Part 1 of Schedule 15 to the Rent Act 1977 (grounds for possession of

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dwelling-houses let on or subject to protected or statutory tenancies) after Case
10 insert—

Case 10A

Both of the following conditions are met in relation to a dwelling-
house in England.

5Condition 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) 10one 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) 15fall 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 case a person (“P”) is disqualified as a result
of their immigration status from occupying the dwelling-house
20under 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) 25P 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.

30But 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 case to occupy a dwelling-house which is for the
time being let on a protected tenancy or subject to a statutory
tenancy.

35In this case “relevant national” means—

(a) a British citizen,

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

(c) a national of Switzerland.”

(7) The amendments made by this section apply in relation to a tenancy entered
40into before or after the coming into force of this section.

16 Extension to Wales, Scotland and Northern Ireland

(1) The Secretary of State may by regulations make such provision as the Secretary
of State considers appropriate for enabling any of the residential tenancies
provisions to apply in relation to Wales, Scotland or Northern Ireland.

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(2) The Secretary of State may by regulations make provision which—

(a) has a similar effect to any of the residential tenancies provisions, and

(b) applies in relation to Wales, Scotland or Northern Ireland.

(3) Regulations under subsection (1) or (2) may—

(a) 5amend, repeal or revoke any enactment (including an enactment
contained in this Act);

(b) confer functions on any person.

(4) Regulations under subsection (1) or (2) may not confer functions on—

(a) the Welsh Ministers,

(b) 10the Scottish Ministers,

(c) the First Minister and deputy First Minister in Northern Ireland,

(d) a Northern Ireland Minister, or

(e) a Northern Ireland department.

(5) In this section—

  • 15“enactment” includes—

    (a)

    an enactment contained in subordinate legislation within the
    meaning of the Interpretation Act 1978;

    (b)

    an enactment contained in, or in an instrument made under, an
    Act or Measure of the National Assembly for Wales;

    (c)

    20an enactment contained in, or in an instrument made under, an
    Act of the Scottish Parliament;

    (d)

    an enactment contained in, or in an instrument made under,
    Northern Ireland legislation;

  • “the residential tenancies provisions” means sections 13 to 15 and the
    25amendments made by those sections.

Driving

17 Powers to carry out searches relating to driving licences

(1) Schedule 2 to the Immigration Act 1971 (administrative provisions as to control
of entry etc) is amended in accordance with subsections (2) and (3).

(2) 30After paragraph 25C insert—

“Entry of premises to search for driving licence

25CA (1) An authorised officer may exercise the powers in this section if the
officer has reasonable grounds for believing that a person—

(a) is in possession of a driving licence, and

(b) 35is not lawfully resident in the United Kingdom.

(2) The authorised officer may enter and search any premises—

(a) occupied or controlled by the person, or

(b) in which the person was when the person was encountered
by the officer,

40for the driving licence.

(3) The power conferred by sub-paragraph (2) may be exercised—

Immigration BillPage 18

(a) only if the authorised officer has reasonable grounds for
believing that the driving licence is on the premises,

(b) only to the extent that it is reasonably required for the
purpose of discovering the driving licence, and

(c) 5unless the authorised officer is a constable, only if a senior
officer has authorised its exercise in writing.

(4) Sub-paragraph (3)(c) does not apply where it is not reasonably
practicable for the authorised officer to obtain the authorisation of a
senior officer before exercising the power.

(5) 10An authorised officer who has conducted a search in reliance on sub-
paragraph (4) must inform a senior officer as soon as is practicable.

(6) The senior officer authorising a search, or who is informed of one
under sub-paragraph (5), must make a record in writing of the
grounds for the search.

(7) 15In this paragraph and paragraphs 25CB and 25CC—

  • “authorised officer” means—

    (a)

    an immigration officer,

    (b)

    a constable, or

    (c)

    a person of a kind authorised for the purposes of this
    20paragraph and paragraphs 25CB and 25CC by the
    Secretary of State;

  • “driving licence”—

    (a)

    means a licence to drive a motor vehicle granted
    under Part 3 of the Road Traffic Act 1988 or Part II of
    25the Road Traffic (Northern Ireland) Order 1981 (SI
    1981/154 (NI 1)), and

    (b)

    includes a licence of that kind which has been
    revoked;

  • “senior officer” means—

    (a)

    30in relation to an authorised officer who is an
    immigration officer, an immigration officer not below
    the rank of chief immigration officer;

    (b)

    in relation to an authorised officer other than an
    immigration officer, a person of a kind designated by
    35the Secretary of State for the purposes of this
    paragraph in relation to an authorised officer of that
    kind.

(8) For the purposes of this paragraph and paragraphs 25CB and 25CC
a person is not lawfully resident in the United Kingdom if the person
40requires leave to enter or remain in the United Kingdom but does not
have it.

Searching persons for driving licences

25CB (1) An authorised officer may exercise the powers in this section if the
officer has reasonable grounds for believing that a person—

(a) 45is in possession of a driving licence, and

(b) is not lawfully resident in the United Kingdom.

(2) The authorised officer may search the person for the driving licence.

Immigration BillPage 19

(3) The power conferred by sub-paragraph (2) may be exercised—

(a) only if the authorised officer has reasonable grounds for
believing that the driving licence may be concealed on the
person, and

(b) 5only to the extent that it is reasonably required for the
purpose of discovering the driving licence.

(4) An intimate search may not be carried out under sub-paragraph (2).

(5) In sub-paragraph (4) “intimate search” has the same meaning as in
section 28H(11).

10Seizure and retention of driving licence

25CC (1) If an authorised officer who is exercising a power to search a person
or premises finds a driving licence to which this sub-paragraph
applies in the course of the search, the officer may seize and retain
the licence.

(2) 15Sub-paragraph (1) applies to a driving licence if—

(a) the authorised officer finds the licence in the possession of a
person who the authorised officer has reasonable grounds for
believing is not lawfully resident in the United Kingdom, or

(b) the authorised officer has reasonable grounds for believing
20that the holder of the licence is not lawfully resident in the
United Kingdom.

(3) A driving licence seized under sub-paragraph (1) must, as soon as
practicable, be given to—

(a) the Secretary of State, in the case of a licence granted by the
25Secretary of State, or

(b) the Department of the Environment for Northern Ireland, in
the case of a licence granted by the Department.

(4) A person who is in possession of a driving licence by virtue of sub-
paragraph (3) must retain it if—

(a) 30it has not been revoked,

(b) it has been revoked but the time limit for an appeal against
revocation of the licence has not expired, or

(c) it has been revoked, such an appeal has been brought but the
appeal has not been determined.

(5) 35A driving licence which is required to be retained under sub-
paragraph (4) must be retained—

(a) until a decision is taken not to revoke it, or

(b) if it has been or is subsequently revoked—

(i) until the time limit for an appeal against revocation of
40the licence expires without an appeal being brought,
or

(ii) until such an appeal is determined.

(6) A driving licence which is in the possession of a person by virtue of
sub-paragraph (3) but which is not required to be retained under
45sub-paragraphs (4) and (5) must be returned to the holder if—

(a) a decision is taken not to revoke the licence, or