Explanatory note

Chapter 1 of Part 3 of the Immigration Act 2014 (“the Act”) provides a statutory excuse for landlords and their agents from being required to pay a civil penalty if they conduct prescribed identity checks on prospective occupiers and those occupiers who are renewing their tenancy agreements. The Immigration (Residential Accommodation) Prescribed Requirements and Codes of Practice) Order 2014 (S.I. 2014/2874) set out the prescribed requirements for identity checks which must be complied with by landlords and agents when entering into a residential tenancy agreement. That Order also brought into force a code of practice which specified, among other things, the reasonable enquiries that landlords and agents should make to determine the identity of relevant occupiers in relation to a residential tenancy agreement.

Articles 3 and 5 to 15 of this Order amend S.I. 2014/2874 to alter the list of acceptable documents which a landlord or agent must obtain from an occupier or prospective occupier in order to establish an excuse under section 24 or 26 of the 2014 Act.

Article 4 amends the prescribed form and manner in which contraventions of the prohibition on leasing premises to people disqualified by their immigration status must be notified to the Secretary of State.

Article 16 provides for a revised code of practice to come into force on 1st February 2016.