Right to rent immigration checks: guidance for landlords
2nd December, 2014
The Immigration Act 2014 is currently phasing in the requirement for private landlords of residential properties to obtain evidence of prospective tenants' identity and citizenship.
The first phase of this was launched on 1 December in the West Midlands, with the scheme to be rolled out to the rest of the UK expected to take place in 2015.
What does the act do?
The Act states that a landlord cannot permit an adult to occupy their property under a residential tenancy agreement where the property is to be the adult’s only or main home unless the adult is:
- A British citizen
- A European Economic Area or Swiss national
- Has a “right to rent” in the UK
In order to avoid a breach of this Act, landlords must check the immigration status of prospective tenants and other authorised occupiers before granting a tenancy.
The intention behind this scheme is to prevent illegal immigrants, with no right to be in the UK, from remaining and settling in the UK.
Who does the act affect?
The Act affects private landlords of residential properties.
Local authorities are exempt from the Act, as are social landlords where they have been required to consider a prospective tenant’s immigration status prior to allocation.
It is obviously crucial that social landlords continue to comply with existing requirements for pre-allocation status checks.
Registered Providers ought to be aware of the new duties for the private sector.
How can non-exempt landlords check if someone has a ‘right to rent’?
1. Identify – establish how many adults will be living at the property and whether it will be their only or main home.
2. Obtain – before granting a residential tenancy agreement, the landlord must request and obtain original acceptable documents from the prospective tenant. The documents which are acceptable are set out in two lists (list A and list B) by the Home Office.
3. Check – the validity of the documents must be checked by the landlord in the presence of the prospective tenant.
4. Copy – a clear copy of each document must be made and retained. The date on which the check was made must also be retained and the copy documents kept securely for at least one year after the expiry of the tenancy agreement.
Where the check reveals that the individual is permitted to remain in the UK for a limited time, a follow-up must be carried out to ensure the individual’s right to occupy the premises has not expired.
What happens if landlords don’t do all of this?
A landlord found to be in breach of this prohibition could receive a civil penalty of up to £3,000.
What happens if a tenant can’t produce the documents?
Landlords will usually be able to carry out the checks without the need to contact the Home Office but where the prospective tenant cannot produce acceptable documents because of a pending application with the Home Office, the “right to rent” tool can be used – please click here.
In addition the Home Office has published a Code of Practice – please click here.
How can I find out more about this issue?
If you are uncertain as to whether you need to conduct these checks and, if so, how to do carry them out, please do not hesitate to contact Flora Mewies.
Please note that this briefing is designed to be informative, not advisory and represents our understanding of English law and practice as at the date indicated. We would always recommend that you should seek specific guidance on any particular legal issue.
This page may contain links that direct you to third party websites. We have no control over and are not responsible for the content, use by you or availability of those third party websites, for any products or services you buy through those sites or for the treatment of any personal information you provide to the third party.
