Eviction Notice Under Section 33D(3) Immigration Act 2014

This Eviction Notice Under Section 33D(3) Immigration Act 2014 can be used in limited circumstances to evict a tenant or a group of tenants who do not have the “right to rent”.

This Notice is in a form prescribed by law.  The up to date version of it can be found on the Government website: https://www.gov.uk/government/publications/notice-of-eviction-and-end-of-tenancy.

Once you have opened the template form on the Government website, you should print off the PDF and complete the hard copy.

Since 1 February 2016, all landlords in England must check that a new tenant has the “right to rent” property in the UK.  This involves checking the tenant’s identity documents to verify their immigration status.

The Home Secretary has the power to serve notice on a landlord advising them that one or more of the occupiers of a property do not have the right to rent.  A landlord who receives such a notice must evict the tenant(s) within a reasonable period of time.

Landlords in receipt of such a notice should refer to the Government publication “Immigration Act 2014: Guidance on taking reasonable steps to end a residential tenancy agreement within a reasonable time” available on  https://www.gov.uk/.

If the Home Secretary’s notice refers to a sole occupier or to all the occupiers of a property, the landlord has the power to terminate the tenancy by using this notice.  The landlord should complete the form, using the information in the footnotes as guidance, and send it to the tenant(s).  The tenant(s) must be given at least 28 days’ notice to leave the property.

If the Home Secretary’s notice refers to one or more occupiers of the property, but not all of them, the landlord must serve a Section 8 notice, relying on the Ground 7B (relating to the immigration status of one or more occupiers).  Please see the Section 8 Notice template.

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