|
|
Question Title: Diplomatic Immunity
| Question: 89 |
| I have heard that there can be difficulties when letting to diplomats because of the problems of diplomatic immunity. Is it safe to let to someone employed by a foreign embassy ?
|
| Answer: |
| Embassy officials have "diplomatic immunity". That is to say, they are immune from the court process and cannot be arrested. Therefore a landlord may be able to bring possession proceedings but would be unable to enforce, or arrest a tenant for not appearing in front of court. Embassies and their officials do not automatically have immunity; they must have an arrangement with the British Government, and the Foreign Office holds records of all those who have diplomatic immunity. A diplomat (i.e. a member of the diplomatic staff) has immunity from criminal, civil and administrative jurisdiction, save for real property privately held, or commercial activities outside his/her functions. Members of the family of the diplomat, provided that they are not UK nationals, also enjoy the same immunity. Where diplomatic immunity exists, the tenant would need the support of his embassy to invoke his rights and where a tenant was in rent arrears or remained in possession of the property unreasonably it is unlikely that this support would be given. Also, it should be noted that it is possible for the legal status of an embassy employee to change, so that diplomatic immunity could be gained during the period of the tenancy. If the tenancy is with a foreign government, the diplomatic status of the occupant should be checked with the Foreign Office. If there is diplomatic immunity, then great care must be taken; if the tenant (or occupiers) refuses to leave at the end of the tenancy the courts cannot enforce eviction if the occupier's immunity is supported by their embassy. This is unlikely to happen with a reputable foreign government. Best advice when letting to an embassy or a diplomat is firstly to insert an extra clause into the tenancy agreement whereby is agreed, in the case of dispute, that diplomatic immunity is waived and that the English court shall have jurisdiction. Notwithstanding such clauses, the diplomat's State can still claim immunity ultimately in any event. The only fail safe protection in such cases (or in cases where the Embassy declines to waive immunity) is to require that a guarantor is provided, who is sufficiently credit-worthy and who does not have diplomatic immunity. Thus, even if the tenant cannot be evicted using the normal legal process, at least the rent will be guaranteed.
|
|
References:
|
Pages:
|
Hyperlinks:
|
|
Letting Handbook |
Chapter 6 |
letting-handbook-and-factsheets.html
|
For more information, discuss on the Forum
|
|
