Right To Rent – What Does The New Legislation Mean?

A new law that means that private landlords including those who sub-let or take in lodgers, must check the right of prospective tenants to be in the country to avoid being hit with a penalty. The fine for landlords that fail to do this is up to £3,000 per tenant.

As part of the government’s mission to create a fairer and more effective immigration system, Right to rent was introduced in the Immigration Act 2014. The first phase was unveiled in parts of the West Midlands, and the most recent announcement is the next stage of the scheme’s national roll out.

Immigration Minister James Brokenshire said “Right to rent checks are quick and simple, and many responsible landlords already do them as a matter of routine. We are providing landlords in England with all the advice and support they need before the checks go live on 1st February 2016”.

The new legislation is part of the Immigration Act 2014 and Right to rent is about making it harder for illegal residents to live and work in the UK. Steve Povall, Managing Director of Residential estates said, “Those with a legitimate right to settle in the UK will easily be able to prove this and will not be affected. The new updated bill proposes new measures for landlords making it easier for them to evict illegal tenants but also introduces a new criminal offence targeted at landlords who constantly fail to carry out right to rent checks”.

David Gascoyne, Sales and Letting Manager at Residential Estates said “Landlords should check identity documents for all new tenants and it is a good idea to take copies. The scheme has been designed to make it easier for people to give evidence of their right to rent and a range of commonly available documents can be used”.

Acceptable documents which prove the tenant’s right to be in the UK include a UK passport, permanent residence card, EEA passport and a Home Office Immigration status document. A full list of documents can be found in www.gov.uk under the ‘Landlords’ guide to checking immigration documents.’

Mr Gascoyne explains, “If a potential tenant has an outstanding immigration application or appeal with the Home Office, landlords can administer a check on that person’s ‘right to rent’ using the Landlords Checking Service”. He adds, “The checks are backed up by codes of practice which includes guidance on avoiding unlawful discrimination which was drawn up with the guidance of the Human Rights Commission”.

The Right to Rent provisions are to be in force for the remainder of England from the 1st February 2016 as currently they are only operating in certain areas.

If you would like to contact us, you can call us on 01244 343 355, or email victoria.wilson@residential-estates.co.uk