Two Conservative peers argue that landlords and letting agents should not face up to five years in prison if, accidentally, they rent a property to a tenant that should not be in the country.
The call comes from Lord Cathcart and Lord Howard of Rising in a proposed amendment to the Immigration Bill 2015.
Peers Believe Landlords Should Not Face Jail over Right to Rent
They argue that landlords and agents should not face the prospect of criminal penalties if they are caught out by fraudulent papers, which would have already got past border agency officials.
The Right to Rent scheme is set to be enforced across England from 1st February. Initially, the Immigration Act 2014 will impose civil penalties, but the Immigration Bill 2015 – currently going through Parliament – will bring in criminal sanctions of either fines or imprisonment.
The amendment states that the following should be added to the bill: “A person does not commit an offence… where they are proceeding diligently to evict any adult who is disqualified as a result of their immigration status from occupying the property of which they are a landlord.”
The amendment is expected to be debated either this week or next. It seems that it only relates to fast-track evictions, but the peers are likely to make further arguments.
The Residential Landlords Association (RLA) and the Association of Residential Letting Agents (ARLA) have supported the amendment.
Both bodies are concerned that the new bill – as currently drafted – will make it an automatic criminal offence if a landlord or agent is notified by the Home Office that a tenant does not have the right to rent.
However, the bill allows 28 days for the illegal tenant to be evicted.
They also worry that the landlord or agent may have been caught out by false documents that allowed the illegal immigrant to enter the country initially; these would be the same papers that got past immigration officers, who do not face jail.
Additionally, a major concern is that landlords or agents would be criminalised prior to, or even without, prosecution.
It is expected that Lord Cathcart will argue to fellow peers that landlords and agents that have done everything to check a tenant’s right to rent and then take the required steps within the 28-day eviction period, should not be prosecuted.
Read the full amendment: http://www.publications.parliament.uk/pa/bills/lbill/2015-2016/0079/amend/am079-h.pdf