We have previously reported on the provisions in the Immigration Act 2014 which require landlords to check the immigration status of prospective tenants.
The Act was firstly only applied in a pilot area but the consultation has finished and this is a reminder that all landlords will have to check the status of their tenants from February 2016.
The rules apply to landlords letting private rented accommodation to new tenants who will live in the property as their only or main home. The landlord must check that their immigration status is lawful before allowing them to rent the property.
A landlord must not let accommodation to an adult who is not a relevant national or who does not have a 'right to rent' under the new rules.
There are certain types of accommodation to which the rules do not apply, including:
- student halls of residence
- accommodation provided by universities and colleges for their students including nominations for accommodation
- accommodation in care homes, hospitals and hospices
- accommodation provided by an employer
- holiday accommodation as long as it isn't being used as an only or main home.
Typical documents that a landlord can check include a passport, national identity card, residence card or certificate of registration or naturalisation.
The landlord must take a copy of the documents provided. Landlords have to keep these copies for as long as the tenancy lasts and then for at least one year afterwards. Documents containing personal or sensitive data must be securely stored and landlords cannot keep original documents.
A landlord can receive a civil penalty of up to £3,000 for each adult living in their property who isn't a relevant national or has no right to rent.
This is an onerous obligation - you will no doubt recall us reporting on the Government Minister a number of months ago who was rebuked for employing an illegal immigrant. The view of many was that if a Minister cannot get this right, what can the lay person be expected to do?
The Government has issued guidance and it is possible for your agent to carry out the checks - but it is a complex area and given the extent of the penalties, landlords would be well advised to obtain professional input.
To discuss this or any other landlord and tenant related matter, contact us.
Link to Government press release: News