What new immigration checks mean for landlords
As a landlord you have plenty of responsibilities and regulations to keep abreast of. The latest - the Right to Rent scheme - is part of the government’s Immigration Act 2014, which requires landlords to check that new tenants have the right to rent in the UK before they rent out their property.
In effect from 1 February 2016, it states that checks must be carried out on all prospective tenants aged 18 and over living on a property – and extends to those who sub-let or take lodgers. Further, where an adult occupant has time restrictions on their right to remain, you, the landlord, are required to conduct further checks.
It’s your duty to:
- Know which adults will occupy your property as their only or main home
- Check original documents permit tenants to live in the UK, that they are genuine and are those of the tenant
- Make copies of documents, recording the dates of checks
- Check if a tenants residency is limited – if so you must carry out a further check
If your tenant doesn’t pass further checks you must inform the Home Office and you will be within your rights to evict your tenant.
When to carry out checks
Checks must be executed within 28 days prior to the start of a new tenancy. Or in the case of further checks, 12 months after the initial check or at the expiry of the individual’s right to reside in the UK. Failure to comply can result in penalties of up to £3,000 per tenant.
Note: If a tenant sub-lets the property without your knowledge, they’re responsible for checks on sub-tenants and are liable for any civil penalties incurred.
This is a brief outline of the Right to Rent act, for further information please contact your local Proctors branch. We are always happy to advise and inform on a landlord’s legal requirements and obligations. Or we can manage your property on your behalf so you don’t need to worry.
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