Guidance Notes: Eviction Notice Under Section 33D(3) Immigration Act 2014
This document explains the limited circumstances in which a landlord in England may use the prescribed notice under section 33D(3) of the Immigration Act 2014. It directs users to the official government form, “Notice of eviction and end of tenancy”, on GOV.UK. The download is guidance with a link to that form; it is not the form itself.
When this notice can be used
The landlord must have received one or more Home Office Notices of Letting to a Disqualified Person which, taken together, identify all occupiers and state that they are disqualified from renting because of their immigration status. A failed Right to Rent check alone does not permit use of this notice.
Use the current prescribed form and give it to all tenants, with copies of all the Home Office notices fixed to it or handed over with it at the same time. Follow its service requirements and allow at least 28 days from service before the notice expires.
If only some occupiers are disqualified
The section 33D(3) notice cannot be used, and the landlord cannot rely on the Home Office notices to recover possession without a court order. The appropriate action depends on the tenancy and circumstances. The disqualified person may agree to leave, or the tenancy may be ended by agreement or surrender. Otherwise, the ordinary legal process applies, which for an assured tenancy means a court order for possession. For an assured tenancy, a section 8 claim relying on Ground 7B may be available if its conditions are met.
Take the correct steps
A landlord of premises in England let under a residential tenancy agreement commits a criminal offence if an adult who is disqualified from renting because of their immigration status occupies the premises and the landlord knows, or has reasonable cause to believe, that the adult is disqualified. There is no offence, however, where the adult had a time-limited right to rent when first given the right to occupy and the eligibility period from their Right to Rent check has not expired, unless the Home Office has given the landlord a written notice naming that adult as disqualified. Landlords who know or have reasonable cause to believe that an occupier is disqualified should act promptly, check any Home Office notice received and obtain advice about lawful next steps. The statutory defence is to prove that reasonable steps were taken to end the tenancy within a reasonable period. A Home Office notice is not an instruction to carry out an immediate eviction.
Where the Home Office notices name every occupier, and the prescribed notice has been properly given and the date specified in it has passed, possession may be recovered without a separate possession order, but strict limits still apply. Do not use violence, threats, harassment or withdrawal of services. Obtain advice before attempting to recover possession.
Official notice and instructions
Home Office guidance on reasonable steps to end a tenancy
The Home Office’s 2016 guidance on reasonable steps predates the end of section 21 notices: its advice on serving a section 21 notice does not authorise a new section 21 notice on or after 1 May 2026 for a private assured tenancy (an assured tenancy other than one of social housing whose landlord is a private registered provider).
Right to Rent Guidance Notes for Residential Landlord (PROP.RES.271).
Guidance Notes: Section 8 Notices (PROP.RES.34).
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