21Persons disqualified by immigration status or with limited right to rentU.K.
(1)For the purposes of this Chapter, a person (“P”) is disqualified as a result of their immigration status from occupying premises under a residential tenancy agreement if—
(a)P is not a relevant national, and
(b)P does not have a right to rent in relation to the premises.
(2)P does not have a “right to rent” in relation to premises if—
(a)P 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 premises.
(3)But P is to be treated as having a right to rent in relation to premises (in spite of subsection (2)) if the Secretary of State has granted P permission for the purposes of this Chapter to occupy premises under a residential tenancy agreement.
(4)References in this Chapter to a person with a “limited right to rent” are references to—
(a)a person who has been granted leave to enter or remain in the United Kingdom for a limited period, or
(b)a person who—
(i)is not a relevant national, F1...
F1(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)In this section “relevant national” means—
(a)a British citizen,
[F2(aa)an Irish citizen, or
(ab)a person who is not an Irish citizen and who has leave to enter or remain in the United Kingdom which was granted by virtue of residence scheme immigration rules within the meaning given by section 17 of the European Union (Withdrawal Agreement) Act 2020.]
F3(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1S. 21(4)(b)(ii) and word omitted (31.12.2020) by virtue of The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 20(2)(a)
F2S. 21(5)(aa)(ab) inserted (31.12.2020) by The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 20(2)(b)(i)
F3S. 21(5)(b)(c) omitted (31.12.2020) by virtue of The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 20(2)(b)(ii)
Modifications etc. (not altering text)
C1S. 21 applied (with modifications) (31.12.2020) by The Citizens' Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020 (S.I. 2020/1209), regs. 1(1), 3(4), 4(5), 12(1)(n)
Commencement Information
I1S. 21 in force at 1.12.2014 for specified purposes by S.I. 2014/2771, art. 6(1)(b)
I2S. 21 in force at 1.2.2016 for E. in so far as not already in force by S.I. 2016/11, art. 2(b)