George Symes appeared for the Appellant, Mr Joshi, on an appeal against a Civil Penalty Notice issued to him as landlord who had rented to tenants who lacked a right to rent.
Following the Immigration Act 2014, landlords must check their tenants have a right to rent in the UK before granting a tenancy. Failure to do so (without a statutory excuse) can result in a Civil Penalty Notice, and the maximum penalties have increased significantly over the past few years.
Originally, the Home Office issued Mr Joshi with a penalty of £30,000. Grounds of Appeal were drafted by Emma Harris, and at the appeal hearing, George Symes successfully argued (a) that the breach happened at the time of entry into the tenancy agreement only, rather than there being any ongoing breach throughout the tenancy; and (b) as a result, the applicable code for the calculation of the penalty was the 2022 Code (with a maximum penalty of £1,000 per occupier) rather than the 2024 Code (with a maximum penalty of £10,000 per occupier).
The Judge accordingly reduced the penalty from £30,000 to £3,000 only.
Both George Symes and Emma Harris were instructed by Abbott Solicitors.
Related barristers: George Symes, Emma Harris
Related practice areas: Immigration and Public Law, Civil
