All residential landlords in the UK must conduct detailed ‘right to rent’ checks from 1 February 2016 when granting new tenancy agreements.
Law firm Howard Kennedy warned the checks could be time-consuming and may require landlords to report tenants without the right paperwork to the Government’s Home Office.
Failure to do so could leave landlords facing a fine of up to £3,000, according to immigration lawyer Antonia Torr.
Head of Immigration Services at the law firm, Torr said:
“These measures are the latest steps by the Government to clamp down on illegal immigrants in the UK. All landlords will be required to make these ‘right to rent’ checks 28 days before the start of a new tenancy, with the checks applying to all adult tenants and all types of tenancies.”
Landlords will be required to see and take copies of original documentation that shows the individual having the right to reside in the UK. These checks must be conducted before the tenancy begins and again when appropriate, for example on the expiry of a tenant’s visa.
She added:
“Due to the fact that landlords will now have to regularly monitor the immigration status of their tenants, it is arguable that already existing tenancies – those in place prior to 1 February 2016 – are also caught by this new piece of legislation.”
Torr concluded:
“Should a check reveal that the tenant does not have the right to live in the UK the landlord must report this to the Home Office immediately. The landlord can then choose to evict that tenant or wait further instructions from the Home Office, as the Home Office does have the power to grant temporary permission to rent.
“I would not be surprised if many landlords simply choose to evict.”
Renting property to high net worth individuals and their families may also cause landlords and their agents difficulties, particularly if they are travelling with staff or an entourage.
The regulations do include some exemptions, including social housing providers, hostels and refuges, accommodation that is provided by an employer to an employee, student accommodation, and leases that extend for seven years or more.