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The Immigration (Residential Accommodation) (Prescribed Requirements and Codes of Practice) (Amendment) Order 2020

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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 if they conduct prescribed eligibility checks on prospective occupiers and those occupiers who are renewing their tenancy agreements. The Immigration (Residential Accommodation) Prescribed Requirements and Codes of Practice) Order 2014 (S.I. 2014/2874) set out the prescribed requirements for eligibility checks which must be complied with by landlords and agents when entering into a residential tenancy agreement. That Order also brought into force a code of practice which specified, among other things, the reasonable enquiries that landlords and agents should make to determine the identity of relevant occupiers in relation to a residential tenancy agreement.

Article 2 of this Order amends S.I. 2014/2874 to introduce a new article 5A which sets out the acceptable documents which a landlord or agent must obtain from an occupier or prospective occupier who has leave to enter the United Kingdom pursuant to article 8B of the Immigration (Leave to Enter) Order 2000 (further provision as to automatic grant of leave), in order to establish an excuse under section 24 or 26 of the 2014 Act. Article 2 introduces a new article 5B which sets out the circumstances in which a landlord or agent is excused from paying a penalty by carrying out a right to rent check using the Home Office online right to rent checking service. Article 2 also amends the lists of acceptable documents, as set out in the Schedule, which a landlord or agent must obtain from an occupier or prospective occupier in order to establish an excuse under section 24 or 26 of the 2014 Act.

Article 3 provides for a revised code of practice to come into force on the same day as this Order comes into force. The changes to the revised code of practice reflect the amendments made by this Order.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.

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