When do Section 33D notices actually get used? Section 8 of the Housing Act 1988 describes the effect of such a notice being issued upon landlords by the Home Office, and the content of such notices makes obvious when it can be sent and might be sent, but what operational guidance procedures specify when the Home Office actually uses this provision? What can trigger the Home Office's operational procedures to actually send such a notice, or has the provision entirely fallen out of use?
When do 33D(2) notices actually get used? When, in accordance with section 33D(1), Immigration Act 2014 the conditions at s.32D(2) have been met: The condition is that the Secretary of State has given one or more notices in writing to the landlord which, taken together,— (a)identify the occupier of the premises or (if there is more than one occupier) all of them, and (b)state that the occupier or occupiers are disqualified as a result of their immigration status from occupying premises under a residential tenancy agreement. What operational guidance procedures specify when the home office actually uses this provision? There are no, that I can find, open-source &quot;operational guidance procedures&quot; available. Those that may exist within the Home Office will in all likelihood follow the requirements and conditions stipulated in section 33D of the 2014 Act, section 8 Housing Act 1988, and at the Rules 83.9(5A) and 83.13(2) at Part 83 Civil Procedure Rules and Practice Directions. What can trigger the Home Office's operational procedures to actually send such a notice? When there is sufficient evidence, and it is proportionate and necessary to do so after taking in to account, for example, all the available information about the landlord, the occupiers' immigration status, and the public interest in terminating the agreement. Has the provision entirely fallen out of use? I have not been able to find any publicly available data on this topic, so one option would be to submit a Freedom of Information request for an answer. Also, from a comment: It is almost surely specified/codified in some operational guidance document somewhere, and even if such is non statutory guidance, courts are still semi-bound to lend it some weight in legal contexts. Whether or not to issue of a 33D notice is an operational case-by-case decision based on particular circumstances, so if a court (more likely an Immigration Tribunal) needs to consider the Home Office's internal mechanics, authorisation requirements, quality assurance and other such processes (which, hopefully, should be recorded in detail) then the normal production of evidence / disclosure / discovery rules would apply (with any non-relevant parts properly redacted to prevent unnecessary disclosure).
(I am not your lawyer. I am not here to help you. If you are reading this because someone has died, please stop and instead read the Scottish Courts and Tribunals guide to dealing with a deceased's estate in Scotland, or contact a solicitor.) Yes, in general. Section 1 of the Wills Act 1963, which is in force in Scotland, specifies that "[a] will shall be treated as properly executed if its execution conformed to the internal law in force in the territory where it was executed." Furthermore, Section 4 states that "[t]he construction of a will shall not be altered by reason of any change in the testator’s domicile after the execution of the will." "Construction" here refers to interpreting the language and effect of the will. So if the will was validly executed in England, it should also be in force in Scotland, and a Scottish court will give it the same meaning it would have had under English law. Furthermore, the same rule of validity seems to apply in both England and Scotland: Wills Act 1837 section 9. There may be other Scottish laws affecting the disposition of the estate that differ from English law. Relevant statutes include Succession (Scotland) Act 1964, section 21A, which seems consistent with Wills Act 1963. (I am trained in U.S. rather than English or Scottish law; I'm trusting the accuracy of the UK's excellent online legislation archive for the proposition that the statutes cited are in force in Scotland. I haven't checked the case law for contrary interpretations.)
The Citizens Advice Bureau states in Rights of tenants to sublet their home Rights of secure and flexible tenants to sublet Most local authority tenants are secure tenants. You are also likely to be a secure tenant if your landlord is a housing association and your tenancy started before 15 January 1989. Most secure tenancies don’t have an end date. If your tenancy has an end date and you rent from the local authority, your tenancy is a ‘flexible tenancy’. Flexible tenancies are a type of secure tenancy. What rights do secure and flexible tenants have to sublet? You can sublet part of your home with your landlord's written permission. If you sublet part of your home without permission, you are in breach of your tenancy agreement. Your landlord can't unreasonably withhold their consent to a request to sublet part of your home. Also, your landlord can't attach conditions if they allow you to sublet. If your landlord refuses your request to sublet part of your home, they must give you their reasons why. And then, crucially You can't lawfully sublet all of your home. If you do, you lose your status as a secure tenant and your landlord can evict you. For more detail about types of tenancy, please see that page.
In RI it appears that two days notice and a reasonable purpose is enough. There are states that list the reasons a landlord can access a unit; RI is not one of those states. http://webserver.rilin.state.ri.us/Statutes/title34/34-18/34-18-26.HTM
Usually how long does it take for the police to acquire IP details from the ISP now they no longer need a warrant to serve them under the snoopers charter. The Acquisition and Disclosure of Communications Data Code of Practice published by the UK Home Office in March 2015 encourages service providers to furnish a disclosure notice within a fortnight: 3.50. Ordinarily the CSP should disclose, in writing or electronically, the communications data to which a notice relates not later than the end of the period of ten working days from the date the notice is served upon the CSP. In practice, it is impossible to tell what &quot;usually&quot; looks like because historical data is not available. Would they usually then come and search your house for devices if it was cyber related? It depends on what grounds an offence is believed to have taken place. In any case, unless you are arrested a search warrant would be required, and a constable (authorised by an inspector) must apply to a court. Lord Widgery CJ in Williams v. Summerfield [1972] 2 QB 512 described a search warrant as: ... a very serious interference with the liberty of the subject, and a step which would only be taken after the most mature careful consideration of all the facts of the case. Warrants that are governed by legislation for specific offences (The Theft Act 1968, section 26; The Firearms Act 1968, section 46; The Misuse of Drugs Act 1971, section 23(3); Obscene Publications Act 1959, section 3; and Protection of Children Act 1978, section 4) require specific information as to the suspected offence. For example: If it is made to appear by information on oath before a justice of the peace that there is reasonable cause to believe that any person has in his custody or possession or on his premises any stolen goods, the justice may grant a warrant to search for and seize the same… (Theft Act 1968) More general search warrants are issued under the Police and Criminal Evidence Act 1984 (PACE) and the would first need to persuade a justice that there are reasonable grounds for believing: that an indictable offence has been committed there is material on the specified premises which is likely to be of substantial value to the investigation of the offence it is likely to be relevant evidence and it does not consist of or include items subject to &quot;legal privilege&quot;, &quot;excluded material&quot; or &quot;special procedure The justice would normally want to ensure there are reasonable grounds to believe that you would prevent access to that evidence (e.g. by refusing entry or by destroying it first), which make a warrant necessary. If you are arrested because a constable has reasonable grounds to suspect that you have committed an offence, and the offence is indictable, PACE also grants a power to search premises following arrest: 32(2)(b) if the offence for which he has been arrested is an indictable offence, to enter and search any premises in which he was when arrested or immediately before he was arrested for evidence relating to the offence
If you were given a non compliant notice, you haven’t been given notice You can stay as long as you like or for 4 months after they give you the correct notice. The landlord’s legal obligation was to give you 4 months notice: not his agent, or the Queen, or some guy he was chatting with at the pub. Whether that causes other people with other contracts problems is a matter for them to work out, it’s none of your business. However, … The management agency is the landlord’s agent. That means, as far as you are concerned there is no legal difference between what they do and what the landlord does. If either of them had given you a valid notice, it is as though the landlord had done so. However, if the landlord says something to the agent, from your point of view, the landlord is talking to themselves. If the landlord has sold the property, it comes with any existing leases. If the landlord has promised vacant possession and can’t deliver it, then they have broken the contract with the buyer and the buyers can sue your landlord for damages or possibly terminate the contract or both. If that happens, and it was a result of the agent’s negligence, the landlord can sue the agent.
The wording of the original lease and the renewal form are vital here. The Texas Property code, Title 8, chapter 92 is the relevant state law for residential tenancies. It neither forbids nor guarantees a right of renewal. That is left up to the lease agreement. However, it does require a landlord to provide a tenant with a copy of any signed lease promptly. Specifically Sec. 92.024. LANDLORD'S DUTY TO PROVIDE COPY OF LEASE provides that: (a) Not later than the third business day after the date the lease is signed by each party to the lease, a landlord shall provide at least one complete copy of the lease to at least one tenant who is a party to the lease. ... c) A landlord's failure to provide a complete copy of the lease as described by Subsection (a) or (b) does not invalidate the lease or, subject to Subsection (d), prevent the landlord from prosecuting or defending a legal action or proceeding to enforce the lease. (d) A landlord may not continue to prosecute and a court shall abate an action to enforce the lease, other than an action for nonpayment of rent, only until the landlord provides to a tenant a complete copy of the lease if the tenant submits to the court evidence in a plea in abatement or otherwise that the landlord failed to comply with Subsection (a) or (b). (e) A landlord may comply with this section by providing to a tenant a complete copy of the lease: (1) in a paper format; (2) in an electronic format if requested by the tenant; or (3) by e-mail if the parties have communicated by e-mail regarding the lease. Sec. 92.003 provides that: (a) In a lawsuit by a tenant under either a written or oral lease for a dwelling or in a suit to enforce a legal obligation of the owner as landlord of the dwelling, the owner's agent for service of process is determined according to this section. (b) If written notice of the name and business street address of the company that manages the dwelling has been given to the tenant, the management company is the owner's sole agent for service of process. (c) If Subsection (b) does not apply, the owner's management company, on-premise manager, or rent collector serving the dwelling is the owner's authorized agent for service of process unless the owner's name and business street address have been furnished in writing to the tenant. Dallas municipal law prohibits retaliating against a tenant who complains about improper conditions or requests maintenance, but says nothing about lease renewals. Under ordinary contract law, an offer and acceptance makes a contract, unless the parties have previously agreed otherwise. Moreover, demonstrable practice can make or confirm a contract. If the tenant has paid rent for either March or April in reliance on the renewal agreement, and at the specified renewal rate, and that rent has been accepted, that may well constitute ratification (and thus execution) of the renewed lease. This is if the new lease would hav started before the April rent was due. So the tenant may well have the right to enforce the terms specified in the February renewal form. However, this will depend on what those terms are, and also what renewal provisions, if any, were in the original lease. It might be a good idea to send a letter to the landlord and manager, saying that the renewal form that you signed constitutes an acceptance of their offer, and thus a binding contract, and asking for a signed copy as per section 92.024, mentioning the section number. If it were me, I would send such a letter by both email and USPS certified mail, to both the manager and the landlord, if I had both addresses. I would keep a copy of any communications, and make them all in writing from now on (email is writing, legally). In any case the tenant would be wise to continue to pay rent on time in the amount specified on the renewal form, by some traceable means such as a check, money order, or credit card. I would be sure to use a method the original lease listed as acceptable, or that had been used in the past, except for cash. If I used a check, I would write &quot;payment in full for rent of {address} for {month}&quot; on the back The tenant would be wise to consult a local lawyer who specializes in tenant's cases, there seem to be quite a few. There is a local housing crisis center. It offers regular (twice a month) legal clinics with volunteer lawyers, and can be reached at 214-828-4244 or info@hccdallas.org. Such a center might be able to recommend local lawyers. Often an initial consultation with a lawyer on such a matter is free or at a low charge. It would probably be a good idea for the tenant to take some action fairly promptly. 15 U.S. Code Chapter 96 (the federal e-sign act) (section 7001) provides that: (a) In general -- Notwithstanding any statute, regulation, or other rule of law (other than this subchapter and subchapter II), with respect to any transaction in or affecting interstate or foreign commerce— (1) a signature, contract, or other record relating to such transaction may not be denied legal effect, validity, or enforceability solely because it is in electronic form; and (2) a contract relating to such transaction may not be denied legal effect, validity, or enforceability solely because an electronic signature or electronic record was used in its formation. Also the UNIFORM ELECTRONIC TRANSACTIONS ACT (1999), which has been adopted by Texas, allows but does not require the use of electronic signatures. Thus the tenant;s email response ought to be a vald means of forming a contract.
Theft is of course illegal in all US states, and pretty much every other jurisdiction. In the US that is a matter of state law, not federal. It could be reported to the local police, but it might be hard to prove. Both landlord/tenant law and privacy law are largely matters of state law in the US, not federal law. Such laws vary a good deal in different states. In many states a landlord is allowed to enter the rented premises, usually on "reasonable" notice, or without notice if there is an emergency. If the landlord actually lives in another part of the house, and simply rents a room to the tenant, the landlord may be able to enter the room more freely than if it was a separate apartment or house. In many cases where there is a written lease or rental agreement, it will specify under what conditions the landlord or landlord's agent may enter, and how much notice is required. What does the lease in the current case say about that?