Immigration Act 2014
Posted on: Category: Landlord News, Immigration, Legislation
Immigration Act 2014
As well as being a hot topic in the forthcoming general election, immigration is also an issue that will affect both landlords and letting agents.
In future, all private landlords and letting agents will be required to make simple checks on the migration status of new tenants in order to make it more difficult for illegal migrants to live in the UK.
Before renting accommodation, landlords will be required to ask prospective tenants to produce evidence (from a checklist of documents) of their permission to be in the UK. Landlords and agents will check this evidence and keep a copy for their records. The exact nature of these checks is detailed in Government guidance.
When a prospective tenant cannot provide the landlord with any of the documents required under the checks, then the landlord must request verification of a ‘right to rent’ from the Home Office’s Landlords Checking Service using an online form.
Where a landlord does not have access to the internet, a request can be made by telephone. The Landlords Checking Service will respond to the landlord with a clear 'yes' or 'no' response within 2 working days.
Penalties
If a landlord or an agent grants a tenancy to someone who does not have the right to rent in the UK then there are severe penalties of up to £3,000 per offence. For example if there were 3 tenants who don’t have the right to rent in the UK, that would translate to 3 offences and a £9,000 fine.
Penalty notices will be issued for:
- Pre-grant contravention - If a person is disqualified by immigration status and has been granted a tenancy when the landlord / agent hasn’t made the appropriate checks.
- Post-grant contravention - If a person has a limited or temporary right to remain in the UK the landlord / agent must be aware of how long they are allowed to stay. Ongoing checks at future date must be carried out to ensure they are not granted a tenancy beyond their entitlement to remain.
