Life is about to get even harder for persons without leave to remain in the UK. With effect from 1 December, sections 39 and 40 the Immigration Act 2016 come into force as result of new commencement regulations. Draft Home Office guidance summarises the position as follows: "... a landlord commits an offence where he knows or has reasonable cause to believe that premises let by him are occupied by an adult who is disqualified". There is a defence "where the landlord is able to prove that he has taken reasonable steps to terminate the residential tenancy agreement within a reasonable period of time".
The effect of section 40 is to introduce a number of changes designed to make it easier to evict such occupiers. These include removing the need for a possession order in cases where the landlord has received notice of disqualification from the Home Office.
But potentially even more difficult for families without recourse to public funds is the bringing into effect of section 63 of the Act. This substantially limits the right any in-country immigration appeal where a human rights claim has been refised. The excellent website maintained by the No Recourse to Public Funds Network advises their local authority members as follows:
"a local authority will need to undertake a human rights assessment to determine whether a person or family can continue to be provided with support when the person (or parent in a family group) has no immigration permission and has no further procedural right to pursue their human rights claim from within the UK. It seems likely that very few people who have made human rights applications will be issued with an in-country right of appeal when they are refused on or after 1 December 2016"
Provisions coming into force on 1st December 2016 5. The following provisions of the 2016 Act come into force on 1st December 2016— (a) section 37 (private hire vehicles etc); (b) section 38 (illegal working closure notices and illegal working compliance orders); (c) section 39 (offence of leasing premises), for all remaining purposes; (d) section 40 (eviction), for all remaining purposes; (e) section 41 (order for possession of dwelling house); (f) section 54 (amendments to search warrant provisions); (g) section 62 (power to cancel leave extended under section 3C of the Immigration Act 1971); (h) sections 63 to 65 (appeals); (i) Schedule 5 (private hire vehicles etc); (j) Schedule 6 (illegal working closure notices and illegal working compliance orders); and (k) Schedule 8 (amendments to search warrant provisions).