‘Right To Rent’ Immigration Checks Pilot Scheme - What Landlords And Agents Need To Know To Avoid Penalties For Letting To Illegal Immigrants

Regulation of residential lettings is on the increase. On 1 December 2014, residential landlords (or their appointed agents) in the pilot area of Birmingham, Walsall, Sandwell, Dudley and Wolverhampton become liable for civil penalties of up to £3,000 per illegal adult tenant. The intention is that, following an evaluation in the Spring, this will be rolled out nationwide next year. The scheme is not yet fully finalised and the information in this article is therefore subject to change. Landlords will be able to avoid this liability by performing immigration document checks which give them a "statutory excuse" if a properly checked tenant is then discovered to be an illegal immigrant. Landlords will be able to delegate their document checks to an agent, in which case the agent also becomes liable for the civil penalties. Landlords and agents therefore need to understand their obligations and adapt their tenancy agreements and terms of business. Agents and landlords will sometimes need to ask relatively intrusive and culturally sensitive questions of a prospective tenant to establish whether a right to rent check is necessary. In making these enquiries they will need to comply with equality and data protection laws - and also try to avoid causing offence. The new law will apply to new tenancies where the property will be the tenant's main home. Licences and lodgers are included, and sub-lettings are also affected. There are some exclusions, including short holiday lets, care homes, hospitals, some student accommodation, and long leases for over seven years with no break clause.

The checks, which must normally be performed prior to a tenancy agreement being signed (and always before a tenant takes up occupation of a property), involve:

establishing which adults will be using the property as a main home; obtaining, from each adult tenant, documents evidencing immigration permission to reside in the United Kingdom. There are official lists of acceptable documents. EEA passports are included; checking the documents in the presence of the document-holder (either in person or via live video link). If a tenant cannot provide the documents, but has a Home Office reference number, the landlord can request an online 'right to rent' check from the Home Office Landlord Checking Service; copying the documents, and retaining a copy together with the date of the check; identifying any time limit on the tenant's right to rent, diarising and performing...