Part 2: Access to Services Section 40: Eviction
This section amends Chapter 1 of Part 3 of the 2014 Act. Subsection (2) inserts new sections 33D and 33E, providing new powers for landlords to evict illegal migrants from private rented accommodation.
	New section 33D empowers a landlord to serve a notice terminating a tenancy agreement relating to premises in England if they have been notified by the Secretary of State that a person or persons who are occupying those premises are disqualified from renting under the 2014 Act. There is a specified notice period of 28 days. The notice may be given by delivering it to the tenant(s); leaving it at the premises; sending it by post to the tenant(s) at the address of the premises; or in any other prescribed manner.
	This applies where all of the occupants are disqualified from renting under a residential tenancy agreement. A notice from the landlord is to be treated as a notice to quit where such notice is required to end a tenancy.
	Subsection (7) of new section 33D provides that the landlord’s notice is enforceable as if it were an order of the High Court and so will allow a landlord to seek enforcement of the notice through the courts as such an order.
	Subsection (8) of new section 33D defines an occupier as a tenant, a person who is named in the tenancy agreement, or any other person who the landlord knows is occupying the premises.
	New section 33E make provisions for landlords (in England) to evict in other circumstances where an occupant is a disqualified person. Subsections (1) and (2) provide that there shall be an implied term of any residential tenancy agreement that is not a protected or statutory tenancy (within the meaning of the Rent Act 1977) or an assured tenancy (within the meaning of the Housing Act 1988) that allows for the termination of the agreement where an adult occupant is disqualified from renting. Subsections (3) and (4) set out the position in relation to tenancies that are statutory, protected or assured tenancies.
	Subsection (3) amends the 2014 Act by inserting new subsection (7) into section 35 which provides that an eviction under sections 33D and 33E can take place in respect of a tenancy that was entered into before or after these provisions came into force.
	Subsection (4) amends the 2014 Act by inserting new sub-paragraphs (v) and (vi) into section 37(4)(a) to provide that references to the landlord in new sections 33D and 33E are to be taken as references to any of the landlords where two or more persons jointly constitute the landlord.
	Subsection (5) amends section 3A of the Protection from Eviction Act 1977 to exclude from protection tenancies to which these provisions apply.
	Subsection (6) amends section 5 of the Housing Act 1988 (security of tenure) to allow an assured tenancy to be brought to an end where these provisions apply and a landlord has served a notice in compliance with section 33D.
	Subsection (7) makes it clear that the amendments made under subsections (5) and (6) apply in relation to a tenancy or a licence entered into before or after the coming into force of this section.