There has been much comment on the fact that private landlords will be required to check the immigration status of their tenants - this has been viewed as requiring private individuals to do the work of the immigration authorities 'by the back door'. The proposals are contained in the Immigration Act 2014.
The difficulty for the private individual having to make such checks is no better illustrated than by the government immigration Minister, Mark Harper, who had to resign his post earlier this year for employing an illegal immigrant to do his cleaning for five years. When they accepted his resignation Downing Street said:
'There was no suggestion that Mr. Harper had knowingly employed an illegal immigrant.'
But this of course is the central issue. The cleaner had produced a passport and a letter to Mr Harper confirming her status to work in the UK but the letter turned out to be false. Many commentators have made the point that if an immigration minster can be fooled, what is the private individual expected to do?
The landlord may be liable to civil penalties of a fine of up to £3,000 if they fail to make the required checks.
There will be a Code of Practice containing further detail as to compliance but this has not yet been published.
The introduction of the tenancy deposit scheme in 2007 no doubt encouraged many landlords to obtain advice or use the services of a letting agent before letting out a property. The introduction of these new requirements further reinforces the importance of such advice.
To discuss this or any matter relating to letting out your property contact us.
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