Search Legislation

Immigration Act 2014

Status:

This is the original version (as it was originally enacted).

22Persons disqualified by immigration status not to be leased premises
This section has no associated Explanatory Notes

(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).

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources