Civil Penalties For No Right To Rent

Civil Penalties For No Right To Rent

Your tenants have to have the right to rent a property and it is essential that as a landlord, you check that at the beginning of a tenancy, all tenants aged 18 and above have the right to rent. You should ask to see the passport of the tenant or another official document that proves their immigration status.

Pre-tenancy checks can be carried out at any time before the tenancy starts for people with an unlimited right to rent. If the prospective occupier has a time limited right to rent, the landlord or agent must carry out checks no earlier than 28 days before the start of the tenancy.

A landlord must carry out a follow up check if an occupier has a time limited right to rent. The follow up check must be carried out within 12 months of the previous check, or when the person’s leave to remain expires, whichever is the later. This is called the eligibility period.

The Home Office can give a landlord or agent a penalty notice or fine for renting a property to someone without a right to rent. The amount of the penalty or fine depends on the type of accommodation and whether they have been given a civil penalty before.

The Home Office can send a referral notice to a landlord it believes has rented to someone without a right to rent. It then sends an information request to ask the landlord to provide evidence the checks were carried out.

The Home Office sends a penalty notice if it concludes that the landlord is liable for a civil penalty. The landlord has 28 days to object to the penalty or amount. The Home Office must then set out its decision in an objection outcome notice. The landlord can appeal this decision to the County Court.

This includes if you had any reason to believe that;

• The tenant did not have permission to enter or stay in the UK
• The tenant’s leave had expired
• The tenant’s papers were false or incorrect

You can also be fined if you cannot show that you have checked your tenants’ right to rent.

If your case is being investigated, you will receive a ‘referral notice’ informing you that you could be getting a fine (civil penalty). The amount fined will depend on the type of property involved and whether or not you have been fined before.

You can object to a civil penalty within 28 days of the date given on the notice. You can object if;

• You are not liable to pay the penalty – for example, you are not the landlord of the property
• You have made a correct check of the tenant and can prove it
• The penalty amount was not checked correctly

You have a defence if you can show you carried out the checks in the correct way when required or notified the Home Office that a person’s time-limited right to rent expired.

Get in Touch

If you are a landlord who has received a civil penalty and you wish to object it or appeal against a decision made involving tenants’ right to rent, then you should get in touch with one of our housing solicitors at Duncan Lewis. Our team of dedicated Housing lawyers offer the best legal advice and assistance when dealing with civil penalties in no right to rent claims.

If you are a landlord who has received a civil penalty that you wish to object to, do not hesitate to contact one of our expert Harassment Claims Lawyers in the Housing department at Duncan Lewis Solicitors as soon as possible on 033 3772 0409.