On the 21 October 2003 The High Court decided, in line with the Office of Fair Trading, that the Unfair Terms in Consumer Contract Regulations (UTCCRs) apply to tenancy agreements and other contracts relating to a transfer of an interest in land.
Tenants are considered consumers and Landlords do not enjoy freedom of contract therefore tenancy agreement MUST be compliant with Housing Acts and Unfair Terms in Consumer Contract Regulations (UTCCRs). Unfair terms in tenancy agreements are not binding and landlords cannot rely on nor enforce. Where relied upon there use could result in prosecution for harassment or unlawful eviction.
Immigration Act revised 2016 should a landlord or letting agent fail to ensure ALL tenants/occupiers have a righto reside for the duration of the tenancy then they may be fined £3000 for each breach. The Secretary of State may instruct the landlord to remove such persons without the need of a court order by way of reasonable force
Labour market enforcement - restriction on illegal migrants to work. A labour market enforcement undertaking (an “LME undertaking”) is an undertaking by the person giving it (the “subject”) to comply with any prohibitions, restrictions and requirements set out in the undertaking
Under section 42 of the County Courts Act 1984 it is possible for the Court to transfer a matter from the County Court to the High Court for enforcement but leave (permission) of the Court is required first. The transfer time varies from court to court and can take up to 28 days, but normally takes far less. An application to seek permission can be made either at the time of making the possession claim or after possession has been ordered.