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Immigration Act (2016)

The Immigration Act (2016) legislated for the National Transfer scheme and provided for the resettlement of asylum seeking children from Europe (Dubs Amendment).

There are a number of provisions that have or will come into force throughout 2017 that will have an impact on local authorities.

Regulations have been published which set out the commencement dates of further provisions of the Immigration Act 2016. These measures may affect some people with no recourse to public funds, and came into force on 1 December 2016.

The NRPF Network set out the implications:

  • Landlords will be committing an offence if they are renting a property to a person with no immigration permission and do not take appropriate steps to end the tenancy when this is required - section 39.
  • In certain circumstances, landlords will be able to evict a person with no immigration permission without having to obtain a court order for possession of the property - section 40.

These changes are expected to give rise to more requests for support from families following the loss of private rented accommodation, as the Home Office will be providing landlords with information about a tenant's immigration status that will require the landlord to take action to end the tenancy or risk committing an offence.

Some have argued that the ‘right to rent’ checks required of landlords under the act could also lead to an increase in discrimination, hostility and even segregation in the private rented sector. It has been argued that ethnic minorities and migrants may have reduced access to certain sectors of the housing market where landlords and agents are uncertain about how to carry out immigration checks. This is particularly problematic in areas of high demand.

For more information visit: http://www.nrpfnetwork.org.uk/ which runs the NRPF Connect database used by many London boroughs.

You can also visit the Local Government Association’s website for briefings on the Immigration Act as it passed through parliament in 2015/16