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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.

 

If you are found to be renting a property to someone you knew or had reasonable cause to believe did not have the right to rent in the UK then you could receive an unlimited fine which is also known as a civil penalty. 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

 

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.

 


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