The Immigration (Residential Accommodation) (Prescribed Requirements and Codes of Practice) Order 2014

EXPLANATORY NOTE

(This note is not part of the Order)

Chapter 1 of Part 3 of the Immigration Act 2014 (“the Act”) provides a statutory excuse for landlords and their agents from being required to pay a civil penalty when the landlords or agents conduct prescribed identity checks on prospective occupiers and those occupiers who are renewing their tenancy agreements. This Order sets out the prescribed requirements for the prescribed identity checks which must be complied with by landlords when entering into a residential tenancy agreement. This Order also brings the statutory Codes of Practice into force.

Article 3 provides that a landlord or agent is required to obtain prescribed documents from an occupier or prospective occupier (in accordance with article 4), and once obtained, is required to take steps to verify, retain, copy or record the contents of the documents (in accordance with article 5).

Article 4 requires the landlord or agent to obtain either documents prescribed in Schedule 1 from the occupier or prospective occupier or to obtain a Positive Right to Rent Notice from the Landlord Checking Service.

Article 5 requires the landlord or agent, when they have obtained a document from an occupier or prospective occupier, to take the prescribed steps to verify, retain, copy or record the contents of the obtained documents.

Article 6 provides where a landlord or agent requests confirmation of an occupier or prospective occupier’s eligibility to occupy a private residential accommodation from the Landlord Checking Service and the Landlord Checking Service fails to respond to such a request within 48 hours (not including requests made on Saturday, Sunday, Christmas Day, Good Friday or any designated bank holiday), the landlord or agent can proceed as if a positive Right to Rent Notice had been issued.

Article 7 provides that the landlord or agent must return original documents to the occupier or prospective occupier.

Article 8 prescribes a period of 28 days before the tenancy agreement is entered into during which the prescribed requirements must be complied with in order for the landlord or agent to obtain their statutory excuse under the Act.

Article 9 sets out what information the landlord or agent is required to provide to the Secretary of State when giving notice of a contravention by an occupier.

Article 10 sets out what information must be provided by the landlord when giving a notice of objection.

Article 11 prescribes the period within which a notice of objection must be given as 28 days beginning with the date specified in the penalty notice as the date upon which it is given.

Articles 12 and 13 provide for the codes of practice to come into force on 1st December 2014.

List A of the Schedule lists acceptable documents for the purposes of article 4(a)(i).

List B of the Schedule lists acceptable documents for the purposes of article 4(a)(ii).