Immigration Act 2014

24 Excuses available to landlords

(1) This section applies where a landlord is given a notice under section 23 requiring payment of a penalty.

(2) Where the notice is given for a pre-grant contravention, the landlord is excused from paying the penalty if the landlord shows that—

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

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

(3) The prescribed requirements may be complied with for the purposes of subsection (2)(a) at any time before the residential tenancy agreement is entered into.

(4) But where compliance with the prescribed requirements discloses that a relevant occupier is a person with a limited right to rent, the landlord is excused under subsection (2)(a) only if the requirements are complied with in relation to that occupier within such period as may be prescribed.

(5) The excuse under subsection (2)(a) or (b) is not available if the landlord knew that entering into the agreement would contravene section 22.

(6) Where the notice is given for a post-grant contravention, the landlord is excused from paying the penalty if any of the following applies—

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

(b) a person acting as the landlord’s agent is responsible for the contravention;

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

(7) For the purposes of subsection (6)(a), the landlord is to be taken to have notified the Secretary of State of the contravention “as soon as reasonably practicable” if the landlord—

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

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

(8) Notification under subsection (6)(a) must be in the prescribed form and manner.

(9) In this Chapter “limited right occupier”, in relation to a residential tenancy agreement, means a relevant occupier who had a limited right to rent at the time when the occupier was first granted a right to occupy the premises under the agreement.