{
  "url": "https://openlegislation.uk/immigration-residential-accommodation-prescribed-cases-order-2014/note",
  "json_url": "https://openlegislation.uk/immigration-residential-accommodation-prescribed-cases-order-2014/note.json",
  "legislation": "uksi/2014/2873",
  "legislation_title": "The Immigration (Residential Accommodation) (Prescribed Cases) Order 2014",
  "legislation_url": "https://openlegislation.uk/immigration-residential-accommodation-prescribed-cases-order-2014",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Order)\nThis Order sets out circumstances in addition to those in section 20 of the Immigration Act 2014 (“the Act”) in which a residential tenancy agreement will and will not be treated as being entered into for the purposes of the civil penalty scheme relating to the authorisation of occupation of premises for residential use by illegal immigrants under Chapter 1 of Part 3 of the Act, and modifies the application of some of the provisions in the Chapter in those circumstances.\nArticle 3 sets out the circumstances in which a residential tenancy agreement will be treated as being entered into. Where a landlord consents to the variation of a residential tenancy agreement so that new adults are granted rights of occupation under the agreement, consents to the assignment of a tenancy which results in the grant of rights of occupation to new occupiers, or accepts the surrender of a joint tenancy and grants a further residential tenancy agreement to one or more of the original tenants and one or more new tenants, this will be treated as though a new residential tenancy agreement had been entered into. The effect is that, if the landlord wants to avail himself or herself of a statutory excuse against a penalty under the Act, the landlord will be required to comply with the prescribed requirements to prevent a pre-grant contravention arising under section 22(4) of the Act. Article 7 and paragraphs 1 and 2 of the Schedule to the Order modify the applications of the provisions in sections 24 and 26 of the Act in these circumstances, so that a landlord or agent is only required to establish a statutory excuse in relation to new occupiers, and not those persons who had rights of occupation under the previous residential tenancy agreement.\nArticle 4 provides that where a residential tenancy agreement is granted to a tenant who is outside the United Kingdom, on condition that the tenant and any occupiers will confirm their eligibility to occupy residential accommodation on arrival in the United Kingdom, the agreement shall be treated as being entered into on the day on which the tenant is entitled to possession of the premises.\nArticle 5 sets out circumstances in which a residential tenancy agreement will not be treated as being entered into for the purposes of the civil penalty scheme.\nArticles 6 and 7 and the Schedule modify the application of sections 24 and 26 of the Act in circumstances where a landlord has consented to a variation, assignment or surrender of a residential tenancy agreement, or where a landlord’s interest in a residential tenancy agreement has been assigned to a new landlord. This allows the new landlord, or any agent instructed by them, to rely on any statutory excuse against liability for a penalty in relation to a post-grant contravention established by the previous landlord through the making of a report to the Secretary of State.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2014/2873/note",
    "retrieved_at": "2026-10-28T23:58:19.051718+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}