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The tenant has been disqualified from renting due to their immigration status under the Immigration Act 2014.
Ground 7B of Schedule 2 to the Housing Act 1988 provides a mandatory ground for possession where the Secretary of State has given the landlord a notice confirming that the tenant (or each of the tenants in a joint tenancy) is disqualified from renting because of their immigration status under the Immigration Act 2014.
This ground was introduced by the Immigration Act 2016 and is linked to the "right to rent" scheme, which requires landlords in England to check the immigration status of prospective tenants before granting a tenancy. If a tenant's right to rent expires during the tenancy and is not renewed, or if it transpires that the tenant never had a right to rent, the Secretary of State can issue a notice to the landlord confirming the disqualification.
The process is initiated by the Home Office, not by the landlord. The landlord will receive a notice from the Secretary of State confirming that the tenant is disqualified. Only after receiving this notice can the landlord rely on Ground 7B. A landlord cannot unilaterally decide that a tenant has lost their right to rent — the determination must come from the Home Office.
The notice period for Ground 7B is 2 months. After receiving the Secretary of State's notice, the landlord must serve a Section 8 notice on the tenant specifying Ground 7B and allowing at least 2 months before proceedings can begin.
Ground 7B is not subject to the 12-month restriction under the Renters' Rights Act 2025, as it arises from a determination by a government body rather than from the landlord's voluntary decision.
As a mandatory ground, the court must grant possession if the Secretary of State's notice is produced and the conditions are met. The court has no discretion to refuse.
This ground raises sensitive issues around immigration enforcement and housing rights. Landlords should exercise care and avoid any discriminatory conduct when dealing with right-to-rent matters. It is unlawful to discriminate against tenants on the basis of their race, nationality, or ethnic origin. The right-to-rent scheme has been the subject of significant criticism and legal challenge, and landlords should follow the Home Office guidance carefully to avoid inadvertent discrimination.
A properly drafted tenancy agreement makes it far easier to rely on Section 8 grounds if things go wrong. Generate your complete RRA-compliant document pack in minutes.
This guide is for general information only and does not constitute legal advice. While we make every effort to ensure accuracy, the law may change and individual circumstances vary. You should always seek independent legal advice before taking action to recover possession. TenancyPack is not regulated by the Solicitors Regulation Authority.