GN49-15 The Immigration Act 2014 and its application to commercial leases with a residential element

The Immigration Act 2014 brought in the concept of a ‘right to rent’ whereby the landlord would be made responsible for checking that the prospective tenant had a right to rent accommodation in England and Wales. The purpose of this guidance note is to draw attention to the fact that it is not merely landlords of assured shorthold tenancies that are affected.  

GN48-15 Immigration Act 2014

The Immigration Act 2014 (“the Act”) received Royal Assent on May 14, 2014 and, despite the objections made by the CLA and others it contains significant new developments that will affect private residential landlords. (Part 3, Ch.1 “Access to Services - Residential Tenancies”). 


 The Department for the Environment, Food and Rural Affairs (Defra) announced, on 27 July, a £24 million package of grants under the ESIF growth programme. The scheme, administered by the Local Enterprise Partnerships (LEPs), initially opened in March with grants totalling £3.6 million in 5 LEPs. The most recent announcement sees calls for grant applications in three areas: tourism (infrastructure and support); small business development and food processing with a budget of over £8 million.

 This briefing note sets out the third tranche of calls made. Please see Briefing Notes RE01/15 and RE02/15 for information on the first and second tranche of calls.

GN45-15 The Smoke and Carbon Monoxide Alarm (England) Regulation 2015 - SI 2015 No.1693

These Regulations come into effect on 1st October 2015 and there is no grace period for compliance.  They will place a duty on most landlords of let houses to fit a smoke alarm on each floor and also provide carbon monoxide alarms in rooms with solid fuel burning appliances.  The regulation covers most existing and new tenancies that provide residential accommdation.  It is also a requirement to check these alarms are functioning before a new let.

GN41-15 Deregulation Act 2015 - Retaliatory Eviction

The Deregulation Act 2015 contains several provisions in it that detract from the simplicity of assured shorthold tenancies to date.  This note deals specifically with the issue of retaliatory eviction which the Act seeks to curtail.  The concern that is being addressed is that many tenants feel unable to complain about serious health and safety problems with their accommodation as they fear the landlord would evict them.  The mechanism employed to allay this fear is that if there is found to be a serious issue of disrepair that the landlord does not address sufficiently, the landlord will be prevented for a period of time from obtaining possession under the section 21 procedure of the Housing Act 1988.  The provisions come into effect on 1st October 2015 for all new assured shorthold tenancies (ASTs) granted in England on or after October 1st 2015 and then to all ASTs from October 2018 irrespective of when they started.


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