Eviction of failed asylum seekers

Liam O’Shea, Director and Solicitor in Astle Paterson’s Dispute Resolution department discusses the new Immigration Bill under which Landlords will now be expected to evict Tenants when asylum requests fail.

Liam said “Further to the obligation under the Immigration Act 2014 for Landlords of residential properties to ensure that the tenants and occupiers of their property have the “right to rent” (see Liam’s article of 7th April 2105 – Immigration Checks on Tenants), the Immigration Bill proposes to place a further obligation on Landlords to evict tenants who lose their right to live in the UK.

Under the proposed new measures, the Home Office will issue a notice when an asylum application fails. The notice will provide confirmation that the tenant has lost their right to rent property. This will give Landlords the power to terminate the tenancy, in some cases without the need for a court order.

It is currently a criminal offence to remove tenants without a court order. The court order enables bailiffs to evict tenants but this is a lengthy process. The Immigration Bill aims to speed up the eviction process in situations such as these, to ensure positive and immediate steps can be taken against migrants who lose their right to live here.

Landlords who repeatedly fail to take steps to evict tenants who have lost their right to rent, will face a maximum penalty of five years’ imprisonment or a fine”

Liam continued “With the worsening crisis is Calais, immigration is ever at the forefront of the media. The Government is under pressure to send a strong message to illegal immigrants that there is no right to rent a home in the UK for those who are here illegally. The tightening demands on private landlords are their enactment of their manifesto promise to enforce this message.”

Liam O’Shea of Astle Paterson specialises in the law of Landlord & Tenant and carries out work on behalf of Landlords throughout Burton upon Trent and the surrounding areas – please contact him on 01283 531366 or by email at   

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