Private Landlords: Are You Complying With the Right To Rent Scheme?
Landlords of private residential premises are required to check the immigration status of prospective tenants and other occupiers to check whether those individuals have a right to be in the UK. If landlords or their agents fail to comply a fine of up to £3000 can be imposed.
Points to note:
- This applies to householders taking in a lodger
- The need to carry out these checks applies even if the tenancy agreement is not contained in a written document
- It is the landlord’s/agent’s responsibility to make reasonable enquiries to find out who will be living in the property
- The checks do not just apply to the person to be named on the tenancy agreement as the tenant: they apply to all adults who will be living at the property.
- In some circumstances the landlord/agent will have to carry out “ follow-up” checks during the life of the tenancy
- Copies of relevant documents used to do the checks need to be retained by the landlord/agent
- The £3000 fine for failure to comply can be imposed for each adult at a property who does not have the right to rent and was not properly checked. The penalties for failure to comply can be severe.
More information can be found in the Home Office publications “A Short Guide on Right to Rent” and the Code of Practice on illegal immigrants and private rented accommodation.
For more information and expert advice, contact me at our Halifax office on 01422 339614.
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