What landlords need to know
Since February, landlords are required to follow strict rules regarding the acceptance of new tenants, as immigration checks are now required to ensure the potential tenant is legally allowed to live in the UK. Penalties apply for those who fail to meet regulations. Landlords are appealing the process, but regardless in the meantime they need to comply.
The right to rent – new regulations
From 1 February, landlords are required to check passports and visas of new tenants to ensure they legally have the right to live in the UK.
This news came as a shock to landlords as not only does it increase their costs, but also adds an extra layer on uncertainty and undermines the trust between the landlord and tenant.
“By seeking to turn landlords into border police, the Government is undermining the trust between tenants and landlords that is essential to the sector’s smooth running.” Dr David Smith, policy director at the Residental Landlords’ Association (RLA)
The RLA is battling to get the legislation lifted, however for now, the law applies and penalties are hefty for those who don’t meet their new obligations.
What landlords need to do
Anyone looking to rent, who is over the age of 18, need to present a valid passport, EEA identity card or other means of valid ID. Some other forms need to have a reference to accompany but a passport is sufficient alone.
Documents must be checked in the company of the tenant and a copy made as proof that the check has been carried out. Further checks must be made if the ID runs out before the tenancy to ensure a new document has been issued, and, if they only have a temporary right to rent in the UK, again a follow up must be carried out.
What happens if landlords don’t comply
Penalties for failure to check and subject to an illegal immigrant being found in your property, there is a £1,000 penalty for the first offence, going upwards to £3,000 for subsequent offences.
If the offence is due to a well-forged document, there are leniencies where it can be proved that the check was carried out to the best of your ability.
Whilst the Home Office says that all potential tenants must be treated the same, regardless of ethnic background or what their immigration status could be, landlords are fearful that some cases may look like discrimination.