Case 10A Case 10AF1

F1Both of the following conditions are met in relation to a dwelling-house in England.

Condition 1 is that the Secretary of State has given a notice in writing to the landlord or, in the case of joint landlords, one or more of them which identifies—

(a)

the tenant or, in the case of joint tenants, one or more of them, or

(b)

one or more other persons aged 18 or over who are occupying the dwelling-house,

as a person or persons disqualified as a result of their immigration status from occupying the dwelling-house under the tenancy.

Condition 2 is that the person or persons named in the notice—

(a)

fall within paragraph (a) or (b) of condition 1, and

(b)

are disqualified as a result of their immigration status from occupying the dwelling-house under the tenancy.

For the purposes of this case a person (“P”) is disqualified as a result of their immigration status from occupying the dwelling-house under the tenancy if—

(a)

P is not a relevant national, and

(b)

P does not have a right to rent in relation to the dwelling-house.

P does not have a right to rent in relation to the dwelling-house if—

(a)

P requires leave to enter or remain in the United Kingdom but does not have it, or

(b)

P's leave to enter or remain in the United Kingdom is subject to a condition preventing P from occupying the dwelling-house.

But P is to be treated as having a right to rent in relation to a dwelling-house if the Secretary of State has granted P permission for the purposes of this case to occupy a dwelling-house which is for the time being let on a protected tenancy or subject to a statutory tenancy.

In this case “relevant national” means—

(a)

a British citizen,

(F2aa)

an Irish citizen, or

(ab)

a person who is not an Irish citizen and who has leave to enter or remain in the United Kingdom which was granted by virtue of residence scheme immigration rules within the meaning given by section 17 of the European Union (Withdrawal Agreement) Act 2020.

F3(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1: Sch. 15 Pt. I Case 10A inserted (1.12.2016) by Immigration Act 2016 (c. 19), ss. 41(6), 94(1) (with s. 41(7)); S.I. 2016/1037, reg. 5(e)
F1: Sch. 15 Pt. I Case 10A inserted (1.12.2016) by Immigration Act 2016 (c. 19), ss. 41(6), 94(1) (with s. 41(7)); S.I. 2016/1037, reg. 5(e)
F2: Words in Sch. 15 Pt. I Case 10A inserted (31.12.2020) by The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 6(2)(a)
F3: Words in Sch. 15 Pt. I Case 10A omitted (31.12.2020) by virtue of The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 6(2)(b)

Notes on Schedule 15

Modifications

C1: Sch. 15 applied (with modifications) (31.12.2020) by The Citizens' Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020 (S.I. 2020/1209), regs. 1(1), 3(4), 4(5), 12(1)(d)