Legislation which came into force on 01 February 2016 (under the Immigration Act 2014) requires landlords and even agents in certain circumstances to carry out necessary checks to ensure they are renting to a person who has the ‘Right to Rent’. The consequence of contravening this law was a fine of up to £3,000.
The Immigration Act 2014 requires landlords or their agents (if agreed with agent) to carry out necessary checks to ensure they are rent to a person who has the right to rent, records of such checks must be kept.
By virtue of new provisions which came into force on 02 December 2016 under the Immigration Act 2016, landlords and agents can be imprisoned for up to 5 years and or fined for contravening the requirements of the Immigration Act 2014. The fine is no longer an amount up to £3,000, but is now an unlimited amount. Landlords and agents are now warned of the sanctions for failing to comply with this legislation, which may also be extended to Wales, Scotland and or Northern Ireland.
It is now an implied term, under the Immigration Act 2016, that a landlord may terminate a residential tenancy agreement where the premises is occupied by an adult who does not have the right to rent. The notice is to be enforceable as if it were an order of the High Court.
It is imperative all landlords and agents are aware of how to determine if a person has the right to rent, you can read out previous newsletter determining who has the right to rent in England here: http://regencyestateagents.co.uk/2016/02/02/la-lettings-right-to-rent/
Our full management service includes us carrying out the required checks relating to the right to rent reducing landlords liabilities.
Author: Mr Sasha Charles