The Immigration (Residential Accommodation) (Prescribed Requirements and Codes of Practice) Order 2014
| Jurisdiction | UK Non-devolved |
| Citation | SI 2014/2874 |
2014No. 2874
IMMIGRATION
The Immigration (Residential Accommodation) (Prescribed Requirements and Codes of Practice) Order 2014
28thOctober2014
30thOctober2014
1stDecember2014
The Secretary of State, makes the following Order in exercise of the powers conferred by sections 24(2), (4), (7) and (8), 26(2), (4), (7) and (8), 29(3) and (6), 32(6), 33(5), 34(1) and 37(1)( 1) of the Immigration Act 2014( 2).
In accordance with section 32(6) of that Act a draft code of practice for the purposes of Chapter 1 of Part 3 has been laid before Parliament.
In accordance with section 33(3) of that Act the Secretary of State has consulted the bodies specified in that section about a code of practice specifying what a landlord or agent should or should not do to avoid contravening the Equality Act 2010( 3), so far as relating to race, or the Race Relations (Northern Ireland) Order 1997( 4), published a draft code, considered any representations made about the published draft code and laid a draft code before Parliament.
Citation and commencement
1. This Order may be cited as the Immigration (Residential Accommodation) (Prescribed Requirements and Codes of Practice) Order 2014 and comes into force on 1st December 2014.
Interpretation
2. In this Order-
"the Act" means the Immigration Act 2014;
"asylum-seeker" has the meaning given in section 94(1) of the Immigration and Asylum Act 1999( 5);
"biometric immigration document" has the meaning given in section 5 of the UK Borders Act 2007( 6);
"claim for asylum" has the meaning given in section 94(1) of the Immigration and Asylum Act 1999;
"derivative residence card" means a card issued in accordance with regulation 18A of the Immigration (European Economic Area) Regulations 2006( 7) to a person who is not an EEA or Swiss national;
"document" means an original document;
"Landlord Checking Service" means the enquiry and advice service for landlords and agents operated by the Home Office;
"occupier" means any adult who is authorised to occupy premises under a residential tenancy agreement;
"Positive Right to Rent Notice" means a document issued by the Landlord Checking Service which indicates that the person named in it is not disqualified from occupying premises under a residential tenancy agreement;
"prospective occupier" means an adult who, under a residential tenancy agreement, will be authorised to occupy premises;
"residence card" means-
(a) a residence card issued in accordance with regulation 17 of the Immigration (European Economic Area) Regulations 2006 or(b) a document certifying permanent residence or a permanent residence card issued in accordance with regulation 18 of those Regulations,and includes an "accession residence card" issued to a person who is not an EEA or Swiss national within the meaning of the Accession of Croatia (Immigration and Worker Authorisation) Regulations 2013( 8).
The prescribed requirements
3. For the purposes of sections 24(2) and (7)(a) and 26(2) and (7)(a) of the Act, a landlord or agent complies with the prescribed requirements if the landlord or agent-
(a) obtains documents prescribed in article 4 from an occupier or prospective occupier; and(b) in accordance with article 5, take steps to verify, retain, copy or record the contents of a document obtained under article 4.4. The landlord or agent must-
(a) obtain from the occupier or prospective occupier-(i) one document listed in List A in the Schedule to this Order; or(ii) two documents listed in List B in the Schedule to this Order; or(b) subject to article 6, obtain a Positive Right to Rent Notice in respect of the occupier or prospective occupier from the Landlord Checking Service where-(i) the occupier or prospective occupier informs the landlord or agent that-(aa) they have an outstanding application to vary their leave to enter or remain in the United Kingdom, or have an administrative review or appeal pending against a decision on that application, or(bb) they are an asylum seeker or have an appeal pending against a determination made by the Secretary of State in respect of their claim for asylum, or(cc) they have made an application for a residence card or derivative residence card within the last 6 months, or(dd) they are a person to whom the Secretary of State has granted permission to occupy premises under section 21(3) of the Act, and(ii) the occupier or prospective occupier provides the landlord or agent with their Home Office issued reference number in relation to that application, claim, administrative review, appeal or permission to occupy premises.5. Where the landlord or agent obtains any document from an occupier or prospective occupier or the Landlord Checking Service pursuant to article 4, the landlord or agent must-
(a) take all reasonable steps to check the validity of the document;(b) if a document contains a photograph, satisfy themselves that the photograph is of the occupier or prospective occupier;(c) if a document contains a date of birth, satisfy himself that the date of birth is consistent with the appearance of the occupier or prospective occupier;(d) take all other reasonable steps to check that the occupier or prospective occupier is the rightful owner of the document;(e) if the document is not a passport or other travel document, retain a clear and legible copy of the whole of the document in a format which cannot be subsequently altered;(f) if the document is a passport or other travel document (which is not in the form of a card), retain a clear and legible copy of the following pages of that document in a format which cannot be subsequently altered-(i) any page containing the holder's personal details including nationality;(ii) any page containing the holder's photograph;(iii) any page containing the holder's signature;(iv) any page containing the date of expiry; and(v) any page containing information...To continue reading
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