SCHEDULES
SCHEDULE 2 Grounds for Possession of Dwelling-houses let on Assured Tenancies
Part I Grounds on which Court must order possession
F1Ground 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 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
one 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
fall 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 ground a person (“P”) is disqualified as a result of their immigration status from occupying the dwelling-house under 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
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 dwelling-house.
But 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 ground to occupy a dwelling-house under an assured tenancy.
In this ground “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.
Sch. 2 Pt. I Ground 7B inserted (1.12.2016) by Immigration Act 2016 (c. 19), ss. 41(2), 94(1) (with s. 41(7)); S.I. 2016/1037, reg. 5(e)