Posts with tag: Right to Rent

Right to Rent: Panel to Reconvene After Pressure From RLA

Published On: September 20, 2018 at 7:56 am

Categories: Law News

The Home Office is to reconvene its Private Rented Sector (PRS) stakeholder panel on Right to Rent, following pressure from the Residential Landlords Association (RLA).

The RLA has welcomed the news the Government is willing to re-engage with the sector, and that a new meeting of the panel has been scheduled for October.

Right to Rent is a flagship part of the ‘compliant environment’ strategy for illegal immigrants introduced by the Prime Minister whilst she was at the Home Office.

Under the scheme, landlords are responsible for checking the immigration status of their tenants, with the prospect of prosecution if they know or have “reasonable cause to believe” that the property they are letting is occupied by someone who does not have the right to rent in the UK.

It has been controversial from the start and the RLA has serious concerns that the policy could lead to indirect discrimination, with landlords – forced to act as ‘border police’ – likely to play it safe when it comes to renting out their homes.

Indeed, a study by the RLA’s research arm PEARL found 42 per cent of landlords are now less likely to rent to someone without a British passport for fear of prosecution for getting things wrong.

The Joint Council for the Welfare of Immigrants (JCWI) , supported by the RLA, was granted permission by the High Court to proceed with their legal challenge against the policy.

Both the RLA and the JCWI argue that the Right to Rent policy discriminates against foreign nationals, as well those such as the Windrush generation, who cannot easily prove their right to remain in the UK. It also creates ‘document discrimination’ with many vulnerable tenants not holding the most common identity documents. The challenge is due to be heard in December.

David Smith, RLA Policy Director said: “It appears the Government is reforming the PRS stakeholder panel – which has been defunct for some time now.

“While we welcome the news the Home Office is keen to re-engage with the sector, we want to see them take bold action.

“Would-be tenants who are legally entitled to live in the UK, but struggle to prove it, are being denied homes and we believe the time has come to suspend thisunfair scheme.”

Right to Rent Legal Challenge Date set for December

Published On: August 13, 2018 at 9:30 am

Author: Em Morley

Categories: Law News

Tags: landlord law,Right to Rent

The Right to Rent scheme, which orders landlords to undertake immigration checks on prospective tenants, is to be disputed in the High Court in December.

The Government will be confronted with a challenge to its “hostile environment” policy, after the Joint Council for the Welfare of Immigrants (JCWI) won the right in June to launch a High Court case against the Home Office’s scheme forcing landlords to check the immigration of would-be tenants.

Now, the JCWI has announced that it has attained consent for a full hearing to take place before the High Court on 18^th and 19^th December 2018.

The organisation commented: “This is going to be the first proper chance a court in the UK will have to determine the legality of the hostile environment Theresa May created that conscripted ordinary people into acting as her border guards.”

It further stated: “We are close to ending this pernicious experiment once and for all.”

The JCWI is seeking to crowdfund the challenge, having so far raised £5,090 of the £15,000 target.

Furthermore, the JCWI’s decision to dispute has received support from various bodies, including the Residential Landlords Association (RLA)

The RLA Policy Director, David Smith, said: “Landlords will welcome the High Court decision to allow a judicial review of the Right to Rent policy, which has put them in the impossible position of acting as untrained border police trying to ascertain who does and who does not have the right to be in the country.

“This has created difficulties for many legitimate tenants, as landlords are forced to play safe and only rent to those with a UK passport.”

He adds: “The announcement is an important step towards overturning a policy which the Government’s own inspectorate had described as having yet to demonstrate its worth.”

The RLA has also recently warned that EU nationals could face eviction from their rental homes following Brexit.

Review of Right to Rent Policy Agreed by the High Court

Published On: June 7, 2018 at 9:10 am

Author: Em Morley

Categories: Law News

Tags: landlord responsibilities,Right to Rent

Under the Right to Rent Scheme, landlords are responsible for checking their tenants’ immigration status. This comes with the prospect of prosecution if they suspect or know that the property they are letting out is occupied by an individual who does not have the right to rent in the UK.

This has created many difficulties for landlords, who are trying to ascertain whether or not their tenants should be in the country, essentially acting as untrained border staff. Now, the scheme will go to the High Court for a judicial review.

The Right to Rent scheme is part of the ‘hostile environment’ strategy for illegal immigrants introduced by the current Prime Minister whilst she was at the Home Office.

Commenting on the decision for the scheme to go to court, David Smith, Policy Director for the Residential Landlords Association, commented:

“Landlords will welcome the High Court decision to allow a judicial review of the Right to Rent policy which has put them in the impossible position of acting as untrained Border Police trying to ascertain who does and who does not have the right to be in the country. This has created difficulties for many legitimate tenants as landlords are forced to play safe and only rent to those with a UK passport.

“The announcement is an important step towards overturning a policy which the government’s own inspectorate had described as having yet to demonstrate its worth.”

Campaigners have won permission to fight landlords’ immigration checks on prospective tenants

The Residential Landlords Association (RLA) advocated for an application by the Joint Council for the Welfare of Immigrants (JCWI), which was heard in the High Court yesterday. Both organisations argue that the Right to Rent policy discriminates against foreign nationals, especially those, such as the Windrush generation, who cannot easily prove their right to remain in the UK.

Research collated by the RLA, on State Intervention in the Renting Sector revealed that, as a result of the Right to Rent policy, 42% of landlords are currently less willing to rent to someone who is unable to produce a British Passport. This is due to fear of prosecution for being incorrect. Due to this, the 17% of UK residents who do not have a passport are faced with particular difficulty, and are also the group who are far more likely to be in rented accommodation.

Moreover, the research shows that nearly half of landlords, 49% to be exact, are less likely to rent to someone with limited leave to remain. In addition, 44% of landlords would only rent to those with documents familiar to them, which problematically, is likely to again mean a British passport.

The government faces a challenge to its “hostile environment” policy after a campaign group wins the right to launch a high court case

According to the 2011 Census, “Of the 56.1 million usually resident population of England and Wales in, 76% (42.5 million people) held a UK passport. 7.4% (4.2 million), held only a foreign passport, of which 372,000 were Irish passports. There were 17% (9.5 million) who stated they did not hold a passport.”

Furthermore, earlier this month Oxford University’s Migration Observatory reported that:

“The foreign-born population is almost three times as likely to be in the private rental sector (41% were in this sector in the second quarter of 2017), compared to the UK-born (15%).”

European Demand for London Rental Properties Continues Despite Brexit

Published On: October 18, 2017 at 8:09 am

Author: Em Morley

Categories: Property News

Tags: Europe,London,Right to Rent,tenants

European Demand for London Rental Properties Continues Despite Brexit

High levels of European demand for rental properties in London continue to be recorded, despite concerns around the UK’s departure from the EU and the status of European citizens in the country when Brexit finally happens.

The latest figures from rental website Spotahome show that the majority of bookings made for rental properties in London stem from the UK’s European neighbours. The largest number of bookings comes from France, which accounts for 22.2%, followed by Spain, Germany and Italy.

With an estimated 300,000 French citizens currently residing in the UK and the majority of these believed to be based in London, the English capital was recently referred to as France’s “sixth biggest city” by the French president, Emmanuel Macron.

Despite Brexit, the French love affair with London continues. This is demonstrated by the large number of searches and bookings for rental properties in London from the European nation.

Despite strong European demand for British rental properties, the second largest number of bookings made on the site came from the UK – accounting for 11.9% of bookings.

The CEO of Spotahome, Alejandro Artacho, comments: “It is no surprise that the majority of the bookings on the site are from the UK’s European neighbours. London is and always will be a hub that appeals to people from all over the world. It’s great to see that alongside Spotahome being popular with people from overseas, the platform is gaining popularity within the UK, due to it being a far more effective method for finding accommodation.”

Landlords, are you seeing high levels of European demand for your properties? While it is uncertain what will happen to the rights of European citizens when the UK leaves the EU, you can still accept tenants with EU citizenship.

However, please remember that you must check the immigration status of all prospective tenants before letting to them under the Right to Rent scheme. The Home Office has worked with us to create a guide to help you understand the requirements: /home-office-reinforces-landlord-responsibilities-right-rent/

Landlords and Agents Accepting Forged Passports Due to Right to Rent Scheme

Published On: October 17, 2017 at 9:05 am

Author: Em Morley

Categories: Landlord News

Tags: landlord law,letting agents,Right to Rent,tenants

Landlords and letting agents are unknowingly accepting forged passports from prospective tenants, as the Right to Rent scheme is fuelling a black market in fake IDs, a new report claims.

Landlords and Agents Accepting Forged Passports Due to Right to Rent Scheme

The Right to Rent scheme, which was rolled out across England last year, requires landlords and their letting agents to check the immigration status of all prospective tenants, to determine whether they have the right to live in the UK.

However, there is growing concern that the scheme has fuelled discrimination against British citizens that do not have a passport, as well as foreign tenants, leaving them at a disadvantage in the private rental sector.

A new investigation by the BBC has found that many landlords and letting agents are unable to identify forged passports, leaving them vulnerable to fraudsters with fake IDs.

The research found that criminal gangs are using forged passports that are impossible to identify with the naked eye.

An undercover reporter for BBC Inside Out London was able to purchase fake passports, as well as National Insurance cards and residence permits, from illegal dealers across London.

Using a secret camera, the reporter recorded the deals, with fraudsters charging up to £500 for a forged passport. Some documents arrived within 48 hours.

The forged IDs were then presented to letting agents, who were secretly filmed accepting them without question as proof of UK residency status.

Akhbar* told Inside Out: “In an average week, they were selling between six to ten fake residence permits or passports. In the last few months or so, I would say they got even busier.”

Home Office figures show that 170 fines have been issued to landlords under the Right to Rent scheme since October 2016. However, a Home Affairs spokesperson told the BBC that landlords and letting agents are not expected to be experts in spotting forged documents.

But David Smith, of Anthony Gold Solicitors, who specialises in landlord and tenant law, has expressed concerns.

“They [landlords] do not have the knowledge or skills to do the job properly. I’ve never met a landlord who can tell a valid Liechtenstein passport from a forgery,” he told the BBC.

Although you are not required to identify forged passports under the Right to Rent scheme, we do remind all landlords to stick to the law to avoid harsh penalties.

*Not his real name

Hundreds of Landlords Fined over Failure to Comply with Right to Rent

Published On: September 1, 2017 at 9:03 am

Author: Em Morley

Categories: Landlord News

Tags: immigration,landlord law,Right to Rent,tenants

Hundreds of landlords have been fined thousands of pounds for failing to comply with the Government’s controversial Right to Rent scheme.

Penalties totalling £163,000 were handed out after the Right to Rent scheme was rolled out across England, official data reveals.

Fines were issued to 236 property owners between the start of February 2016 and June this year – a rate of around one every two days.

The scheme requires landlords to establish whether a tenant has a right to live in the UK, by taking copies of documents, such as passports or identity cards.

Hundreds of Landlords Fined over Failure to Comply with Right to Rent

Failure to comply with the scheme can lead to fines of up to £3,000 per tenant, while those that knowingly let to people with no right to rent in the UK can face up to five years in prison.

Ministers introduced the measures to create a “hostile environment” for those with no right to be in the UK. Illegal immigrants are also banned from opening bank accounts, while driving licences can be refused or revoked.

Figures published by the Home Office show that the number of landlords that have been fined for failing to comply with the scheme has more than tripled in just over a year.

Between April and June 2017 – the latest statistics available – 76 penalties worth £47,700 were issued. This compares with just 14 fines worth a total of £13,800 in the first three months of 2016.

The Immigration Minister, Brandon Lewis, says: “We believe in creating an immigration system which is fair to people here legally, but firm with those who break the rules or who enable others to do so.

“The Right to Rent scheme deters people from staying in the UK when they have no right to be here.”

He continues: “We regularly meet with representatives from the private rented sector, local authorities and housing charities, to discuss and monitor the scheme.

“Landlords can avoid the risk of a civil penalty by conducting simple and straightforward checks on tenants’ documents, in accordance with Home Office regulations.”

To help landlords comply with the rules, we have created a guide with the Home Office’s help. Read it for free here: /home-office-reinforces-landlord-responsibilities-right-rent/

Campaigners claim, however, that the scheme fuels discrimination and argue that there is little evidence of it having an impact on the crackdown on immigration.

Chris Norris, the Head of Policy at the National Landlords Association (NLA), believes: “A growing but small number of landlords have been penalised as a result of the scheme so far, with an average fine of around £600 handed out in conjunction with these cases.

“This suggests that landlords are more likely to be accidentally falling foul of the law, rather than deliberately or maliciously breaking the rules.”

He adds: “It’s important to remember that landlords are neither immigration experts nor border agents, so, with time, education and the right support, we’d hope that these kinds of cases begin to diminish.

“However, ultimately, this scheme should be judged on whether it tackles or prevents those who knowingly ignore the law and let to people who are in the UK illegally, but, so far, there’s little evidence to suggest it is having the desired effect.”

The Joint Council for the Welfare of Immigrants insists that the Government “has provided no evidence that this policy actually encourages undocumented migrants to leave the UK”.

The charity’s Legal and Policy Director, Chai Patel, concludes: “It is likely that, instead, the policy is driving vulnerable migrants into the hands of rogue landlords.”

Whatever your thoughts on the scheme, it is essential that you avoid fines and imprisonment by complying with the rules.