2020 No. 1047
The Immigration (Residential Accommodation) (Prescribed Requirements and Codes of Practice) (Amendment) Order 2020
The Secretary of State, in exercise of the powers conferred by sections 24(2)(a), (7)(a) and (8), 26(2), (7)(a) and (8), 32(6)(b), 34(1) and 37(1)of the Immigration Act 2014, makes the following Order.
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.
S-1
Citation and commencementCitation and commencement
1. This Order may be cited as the Immigration (Residential Accommodation) (Prescribed Requirements and Codes of Practice) (Amendment) Order 2020 and comes into force on 2nd November 2020.
Amendment of the Immigration (Residential Accommodation) (Prescribed Requirements and Codes of Practice) Order 2014
2.—(1) The Immigration (Residential Accommodation) (Prescribed Requirements and Codes of Practice) Order 2014is amended as follows.
(2) In article 2 (interpretation)—
(a)
(a) in the definition of “derivative residence card”, for “regulation 18A of the Immigration (European Economic Area) Regulations 2006” substitute “regulation 20 of the Immigration (European Economic Area) Regulations 2016”;
(b)
(b) for the definition of “residence card”, substitute—
““residence card” means a residence card issued in accordance with regulation 18 of the Immigration (European Economic Area) Regulations 2016, and includes an “accession residence card” within the meaning of the Accession of Croatia (Immigration and Worker Authorisation) Regulations 2013 issued to a person who is not an EEA or Swiss national;”;
(c)
(c) in the appropriate places insert—
“document certifying permanent residence” means a document issued under regulation 19(1) of the Immigration (European Economic Area) Regulations 2016;”;
“Home Office online right to rent checking service” means the electronic system operated by the Home Office allowing landlords or agents to check whether a person has a right to rent in the United Kingdom and, if so, the nature of any restrictions on that person’s right to do so;”;
“online right to rent check” means the response generated by the Home Office online right to rent checking service in relation to a person;”;
“permanent residence card” means a permanent residence card issued under regulation 19(2) of the Immigration (European Economic Area) Regulations 2016, and includes an “accession residence card” within the meaning of the Accession of Croatia (Immigration and Worker Authorisation) Regulations 2013 issued to a person who is not an EEA or Swiss national;”;
“registration certificate” means a certificate issued under regulation 17 of the Immigration (European Economic Area) Regulations 2016;”.
(3) For article 3 (the prescribed requirements), substitute—
“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—
(a)
(a) the landlord or agent—
obtains documents prescribed in article 4 from an occupier or prospective occupier; and
in accordance with article 5, takes steps to verify, retain, copy or record the contents of a document obtained under article 4;
(b)
(b) the landlord or agent takes the steps set out in article 5A; or
(c)
(c) the landlord or agent takes the steps set out in article 5B.”.
(4) For article 4(a) substitute—
“(a)
“(a) obtain from the occupier or prospective occupier—
one document listed in List A(1) in the Schedule to this Order;
two documents listed in List A(2) in the Schedule to this Order; or
one document listed in List B in the Schedule to this Order; or”.
(5) After article 5 insert—
“1. Where the occupier or prospective occupier has leave to enter the United Kingdom pursuant to article 8B of the Immigration (Leave to Enter and Remain) Order 2000 (further provision as to automatic grant of leave)(, the steps are that a landlord or agent—
(a) obtains from the occupier or prospective occupier—
a passport showing that the holder is a national of Australia, Canada, Japan, New Zealand, Singapore, South Korea or the United States of America; and
a document or a copy of such a document (whether in an electronic form or otherwise) which indicates that the holder has arrived in the United Kingdom from another country within the period of six months ending with the day before the day on which the landlord obtains that passport and document or a copy of such a document; or
(b) subject to article 6, where the occupier or prospective occupier cannot provide the documents (or copies of such documents, as the case may be) referred to in sub-paragraph (a), obtains a Positive Right to Rent Notice in respect of the occupier or prospective occupier from the Landlord Checking Service.
2. Where the landlord or agent obtains any document or copy of such document from an occupier or prospective occupier or the Landlord Checking Service pursuant to paragraph (1), the landlord or agent must comply with the requirements set out in article 5 in respect of that document or copy.
1. The steps are that—
(a) the landlord or agent uses the Home Office online right to rent checking service in respect of an occupier or prospective occupier;
(b) the online right to rent check confirms that the occupier or prospective occupier named in it has the right to rent in the United Kingdom;
(c) the landlord or agent has satisfied themselves that any photograph on the online right to rent check is of the occupier or prospective occupier; and
(d) the landlord or agent retains a clear copy of the online right to rent check for a period of not less than one year after the residential tenancy agreement has come to an end.”.
(6) In article 6, after “article 4(b)” insert “or article 5A(1)(b)”.
(7) In article 7, after “article 4” insert “or 5A”.
(8) In article 9, in paragraph (a), in sub-paragraph (i) for “name” substitute “name, date of birth and nationality”.
(9) For the Schedule substitute—
“LIST A(1)
1. A passport (current or expired) showing that the holder is a British citizen or a citizen of the United Kingdom and Colonies having the right of abode in the United Kingdom.
2. A passport or national identity card (current or expired) showing that the holder is a national of an EEA state or Switzerland.
3. A registration certificate (current or expired) issued by the Home Office to a national of an EEA state or Switzerland.
4. A document certifying permanent residence (current or expired) issued by the Home Office to a national of an EEA state or Switzerland.
5. A permanent residence card (current or expired) issued by the Home Office to the family member of a national of an EEA state or Switzerland.
6. A document issued by the Home Office to a family member of a national of an EEA state or Switzerland (current or expired) which indicates that the holder is allowed to stay indefinitely in the United Kingdom or has no time limit on their stay in the United Kingdom.
7. A biometric immigration document (current or expired) issued by the Home Office to the holder which indicates that the person named in it is allowed to stay indefinitely in the United Kingdom or has no time limit on their stay in the United Kingdom.
8. A passport or other travel document (current or expired) endorsed to show that the holder is exempt from immigration control, is allowed to...
