The new section 8 notice for landlords seeking possession of their properties comes into force today, 1st December 2016.
The amendment to the eviction notice introduces a new ground for possession if the tenant or an occupant of the property over the age of 18 is disqualified from occupying the home due to their immigration status.
The new ground for possession makes it easier for landlords to evict tenants that are living in the UK illegally.
The amendments have been made to Form No. 3 under section 8 of the Housing Act 1988, ground 7B, which was introduced by section 41 of the Immigration Act 2016.
From today, landlords and letting agents could now face criminal penalties, including hefty fines and imprisonment, if they fail to conduct Right to Rent checks on all prospective tenants.
Although Right to Rent legislation was originally introduced on 1st February this year, it only carried civil penalties. Now, under the Immigration Act 2016, landlords and letting agents will be liable to criminal sanctions if they fail to conduct the checks.
Not only must landlords check the immigration status of prospective adult tenants, but they must also evict any tenants that they find to be illegal migrants living in their property as soon as possible.
The new section 8 notice makes it easier for landlords or their letting agents to evict tenants that are living in their properties illegally.
The amendments can be found here: http://www.legislation.gov.uk/uksi/2016/1118/pdfs/uksi_20161118_en.pdf
We encourage all landlords to stick to the law on Right to Rent checks. This includes using the new section 8 notice to evict your tenants if you discover that they are in fact illegal migrants.
Our helpful guide includes all of the information you need to carry out the checks and stick to the Immigration Act 2016: https://www.justlandlords.co.uk/news/landlords-guide-right-rent-scheme/