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£3000 Fine for all Landlords who Fail to Check Tenant Immigration Status under Right to Rent (1 July 2015)

Date: 01/07/2015
Duncan Lewis, Housing Solicitors, £3000 Fine for all Landlords who Fail to Check Tenant Immigration Status under Right to Rent

“From September” Landlords in England will be responsible for spotting illegal tenants under “right to rent” after a trial in the West Midlands results in fines.

Landlords will face £3,000 penalties for failure to monitor the immigration status of their tenants or lodgers as part of “right to rent” requirements that will apply across England within four months.

A trial of “right to rent”, which was introduced in the West Midlands in December, resulted in one fine being issued to a landlord, who is appealing the near - “2,000 sum, the Daily Telegraph reports.

Landlords and letting agents in the West Midlands, including Birmingham, Wolverhampton, Walsall and Dudley, must already check the nationality and visa status of their tenants. Penalties are issues per tenant who is living in a property which have no right to rent.

The legislation, which is expected to be rolled out to the rest of England in September, has gained criticism, with many believing it places an “unfair burden” on landlords who may lack the knowledge or skills to check if their tenants are allowed to live in Britain.

Immigration checks could flaunt anti-discrimination laws, for example, because landlords and letting agents are not allowed to discriminate by nationality or race when selecting tenants.

Tenants who are rejected unfairly can sue landlords under the 2010 Equality Act.

The Government confirmed the national roll-out during the Queen’s Speech in May alongside plans to “make it easier to evict illegal migrants”, for example by also forcing banks to close current accounts held by rogue residents.
Who has a right to rent?
With the roll out of “right to rent” Landlords will become front-line staff in the Government’s bid to “deal with those who should not be here” and must check tenants have the correct visa or nationality to live England.

British, EEA or Swiss nationals automatically have right to rent, on the other hand most non-EU citizens will need to obtain a visa.

Landlords who wish to avoid penalties will need to obtain original documents; check that they are genuine and make a clear copy of each, all according to the official landlords’ code of practice.

If a tenant’s visa expires before the end of the tenancy, the landlord is responsible for making sure that it is renewed. If a sitting agent no longer has right to rent then the landlord should notify the home office. These rules apply to any tenant or lodgers who will be renting a property as their “only or main home”; therefore not applying to holiday lets or second homes for example.

The rules, however, will not apply to tenancy agreements in place before December 2014, or renewals of those tenancies after this date, as long as it involves the same people and there is no break in the tenancy.
How should landlords check documents?

The Home Office offers a free "Landlords Checking Service" which lists the documents tenants provide to prove they are living here lawfully. If someone doesn't have these documents, the Home Office will undertake its own right to rent check.

Currently, the only way landlords can escape liability for the these checks is to pay a letting agent to take over the responsibility, and agree to this in writing.


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