Criminal Penalties For No Right To Rent

Criminal Penalties For No Right To Rent

For a long time, only civil penalties were imposed on landlords for failing to comply with the Immigration Act 2014, however since 1 December 2016, enforcement measures mean that a landlord who fails to check that their tenant has a right to rent is committing a criminal offence which can lead to five years imprisonment and an unlimited fee. A local authority can apply for a banning order if a landlord or agent is convicted.

You could suffer penalties if you rent to someone who you knew or had ‘reasonable cause to believe’ did not have the right to rent. Reasons include;

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

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 the person had a time-limited right to rent and they are still in the eligibility period. You might also have a defence if you took reasonable steps to end the tenancy agreement following the end of the eligibility period or following a notice from the Home Office that the person had no right to rent.

Get in Touch

If you are a landlord who has received a criminal 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 lawyers offer the best legal advice and assistance when dealing with civil penalties in no right to rent claims. Our solicitors can help and advise on all matters regarding right to rent cases. We regularly support landlords who have been given a criminal penalty that they wish to appeal.

If you are a landlord and want to appeal a criminal penalty for a no right to rent issue, do not hesitate to contact one of our expert Housing lawyers who specialise in appealing against criminal penalties at Duncan Lewis Solicitors as soon as possible on 033 3772 0409