Posts with tag: Right to Rent

Is the Right to Rent Scheme Racist?

Published On: January 24, 2017 at 11:00 am

Tags: immigration,landlord law,letting agents,racism,Right to Rent

A campaign group has been set up opposing the Right to Rent scheme on the grounds that it is racist.

The group, called Homes Not Borders, has launched a campaigning website after initially setting up a Twitter account last October. It is now threatening direct action against the “racist” legislation.

Under the Right to Rent scheme, landlords or their letting agents are legally obliged to check the immigration status of all prospective tenants. Those that knowingly let to illegal migrants could face criminal penalties.

Our guide, created in association with the Home Office, comprehensively details how landlords and agents can comply with the scheme: /home-office-reinforces-landlord-responsibilities-right-rent/

Homes Not Borders claims to be made up of people who have been directly affected by the Right to Rent scheme, insisting that the legislation is intensifying discrimination of migrants.

Is the Right to Rent Scheme Racist?

It highlights research from the Joint Council for the Welfare of Immigrants into the pilot scheme in 2015, which found that 65% of landlords would be less likely to let to someone who required a little time to provide documentation, while 42% would be less likely to consider letting to someone who does not have a British passport.

More worryingly, 27% would be less likely to open discussions with a prospective tenant who “had a name which doesn’t sound British” or “had a foreign accent”.

Before the scheme rolled out nationally on 1^st February last year, concerns were raised over how the scheme could be considered racist.

A statement on the Homes Not Borders website reads: “The Right to Rent will only intensify the discrimination that migrants and people of colour face in their search for housing, exacerbating the housing crisis for particularly vulnerable communities.

“Homes Not Borders are building a movement to abolish the racist Right to Rent. As people directly affected by this policy, we are organising our communities through building relationships, developing bonds of solidarity work across the diverse, migrant, non-migrant communities of colour. We will use all tools at our disposal, including direct action.”

It adds: “This racist Right to Rent must be challenged. It must be resisted. It must be abolished.”

Do you believe the Right to Rent scheme to be racist, or induce racism in the private rental sector?

Just 31 Illegal Migrants Removed from the UK Through Right to Rent Rules

Published On: January 11, 2017 at 9:33 am

Author: Em Morley

Categories: Landlord News

Tags: illegal migrants,landlord law,Right to Rent,right to rent scheme,rogue landlords

Just 31 illegal migrants have been removed from the UK through Right to Rent rules, according to statements made by Government ministers.

Following controversy over how effective the Right to Rent scheme will be at removing illegal migrants from the country, Labour’s Baroness Lister of Burtersett questioned the Government on how many landlords and tenants have been investigated under Right to Rent rules in the past year.

The Right to Rent scheme was introduced on 1^st February 2016 in a bid to prevent illegal migrants’ access to the private rental sector.

Many landlords have struggled to understand their responsibilities concerning the rules, with recent research suggesting that the scheme is causing a great deal of worry to investors.

Just 31 Illegal Migrants Removed from the UK Through Right to Rent Rules

In fact, the Government has confirmed that it has received almost 8,000 calls to its landlord helpline in the past year. If you are having difficulty with your obligations, you can access support on 0300 069 9799.

While landlords can now be imprisoned for failing to comply with Right to Rent rules, it appears that the scheme may not be proving as effective as the Government may have hoped.

Responding to Baroness Lister’s request on how many illegal migrants have been identified and removed from the UK through the scheme, the Minister of State for the Home Department, Baroness Williams of Trafford, explained that the Home Office does not hold information about the overall number of illegal migrants found living in private rental accommodation.

However, she did present some figures on how many illegal migrants have been identified through enforcement action.

She explained: “Our records show that between the start of the scheme and 30^th September 2016, 654 individuals were either named on a Civil Penalty Referral Notice served on a landlord, or encountered on an enforcement visit during which such a Notice was served, or encountered as a result of information provided through the Landlords Checking Service, or encountered as a result of other intelligence provided about property let to illegal migrants.

“Of these individuals, 31 were removed from the UK over the same period. Other cases may be being progressed to removal, or have been made subject to reporting restrictions, or have sought to regularise their stay, or have left the UK voluntarily.”

Baroness Williams then went on to defend the scheme: “The Right to Rent scheme is designed to restrict access to the private rented sector for illegal migrants in order to encourage voluntary departure from the UK and discourage illegal migration. The Home Office will always investigate information it receives about illegal migrants and take appropriate enforcement action according to the information available and the circumstances of the case. It is not always possible to attribute a return or other enforcement activity to the application of a sanction earlier in the case or to the route through which a particular individual was brought to the attention of the Home Office.”

So has the scheme proved successful in rooting out landlords that knowingly let to illegal migrants?

Between 1^st November 2015 and 31^st October 2016, when failure to comply with Right to Rent rules was still a civil offence, 75 initial civil penalties were issued to individual landlords.

It appears that the Government’s attempts to deny illegal migrants access to housing in the UK may in fact be more effective at uncovering rogue landlords that provide rental housing to those unlawfully living in the country.

Do you believe that the scheme is a necessary measure, considering how few illegal migrants have been discovered?

One Million Landlords at Risk of Imprisonment Under Right to Rent Rules

Published On: December 7, 2016 at 9:31 am

Author: Em Morley

Categories: Landlord News

Tags: Immigration Act 2016,landlord law,letting agents,Right to Rent

One million landlords are at risk of imprisonment and/or an unlimited fine under new Right to Rent rules.

One Million Landlords at Risk of Imprisonment Under Right to Rent Rules

Last week, on 1^st December, failure to comply with the Right to Rent scheme became a criminal offence under the Immigration Act 2016. Although the scheme has been in place since February, it only carried civil penalties.

The latest study by Tenant Referencing UK shows that 50% of landlords are unaware of their legal obligations when it comes to checking the immigration status of prospective tenants.

Landlords or their letting agents are now committing a criminal offence if they have “reasonable cause to believe” an illegal migrant is renting the property that they are letting. It is also an offence for agents who have “reasonable cause to believe” that their landlord client is letting to a tenant who’s disqualified due to their immigration status and who go ahead with the management of the property.

Additionally, if a landlord or agent serves a section 8 notice that does not specifically refer to the Immigration Act 2016, it is considered invalid and the tenant will have a technical defence to possession proceedings.

Details of the new section 8 notice can be found here: https://www.justlandlords.co.uk/news/new-section-8-notice-today/

Over the last three months, Tenant Referencing UK conducted a poll of 1,000 new landlord members, finding out what they know about the Right to Rent rules. Worryingly, 50% of those asked were unaware of any such legislation, meaning that around one million landlords are at risk of imprisonment and/or an unlimited fine for failing to comply.

Thankfully, we have a helpful guide created in association with the Home Office that comprehensively explains landlords’ and agents’ obligations under Right to Rent rules: /home-office-reinforces-landlord-responsibilities-right-rent/

To avoid facing imprisonment or hefty fines, remember to stick to the law and check the immigration status of all prospective tenants.

Failure to Conduct Right to Rent Checks Becomes Criminal Offence

Published On: December 1, 2016 at 9:42 am

Author: Em Morley

Categories: Landlord News

Tags: Immigration Act 2016,immigration checks,landlord law,letting agents,Right to Rent

From today, 1^st December 2016, failure to conduct Right to Rent checks becomes a criminal offence under the Immigration Act 2016.

Landlords and letting agents that fail to carry out immigration status checks on their prospective tenants may now face a criminal sentence of five years’ imprisonment.

Failure to Conduct Right to Rent Checks Becomes Criminal Offence

With concerns that more than half of landlords don’t understand their obligations under the Right to Rent scheme, Hamilton Fraser has launched a free audio podcast.

The Immigration Act 2016 was designed to “further crack down on illegal migration” by making it more difficult for illegal immigrants to work, rent and receive support in the UK. The new criminal sanctions put even more pressure on private landlords to make sure that potential tenants have the right to rent.

The Right to Rent scheme came into force from 1^st February 2016. Although the new act does not change these responsibilities, it does increase the penalties that landlords and letting agents face.

Landlords and agents will continue to be liable for fines of up to £3,000 per tenant if they do not conduct Right to Rent checks. However, the new law carries criminal fines, up to five years in prison, or both.

The CEO of Hamilton Fraser, Eddie Hooker, comments: “Whilst the toughest sanctions will likely be reserved for unscrupulous landlords and agents who deliberately and repeatedly fail to follow the rules, with so many changes for landlords in the last 12 months, we have genuine concern that even the most diligent landlords could trip up and end up facing a fine if they fail to carry out proper checks. As a result, we are investing in improving landlord resources and producing easy to understand, educational material.”

Despite the new sanctions, the Immigration Act 2016 does make it easier for landlords to evict illegal migrant tenants, sometimes without a court order.

In his role as a brand ambassador for Hamilton Fraser, tenant eviction specialist Paul Shamplina has been appointed to host a special podcast. He says: “To have a defence, landlords must be able to prove that they complied with the Right to Rent scheme. Even some of the most experienced landlords and agents are struggling to understand the complexities of this new legislation, and we hope that an easy to listen podcast might help to raise awareness.”

The podcast can be found on the Hamilton Fraser group sites, including MyDeposits: https://www.mydeposits.co.uk/blogcat/right-rent-need-know/

The Managing Director of the Association of Residential Letting Agents (ARLA), David Cox, also reacts to the new penalties: “New Immigration Act offences for landlords and agents will only be welcome if they achieve the central aim of prosecuting and fining criminal landlords who are supplying substandard accommodation at inflated rents on the peripheries of society’s radar.

“Enforcement is absolutely fundamental to this, and sufficient resource must be devoted to following up applications to the landlord checking service which are refused, and ensuring that properties occupied by over stayers can be made available again as soon as possible.”

Landlords, remember the importance of sticking to the law on Right to Rent so that you avoid facing these new sanctions.

New Provisions Under Immigration Act for Landlords and Letting Agents

Published On: November 3, 2016 at 9:37 am

Author: Em Morley

Categories: Landlord News

Tags: immigration act,immigration checks,letting agents,Right to Rent,right to rent scheme

Earlier this week, the Home Office announced new provisions under the Immigration Act 2016 for landlords and letting agents.

Failure to comply with the Right to Rent scheme will become a criminal offence for landlords and letting agents on 1^st December 2016.

The Home Office explained that the new criminal offences have been created to deal with rogue landlords and letting agents that knowingly, or with reasonable cause to believe, let to illegal migrants.

Under the new provisions, it will also be easier to evict illegal migrant tenants.

New Provisions Under Immigration Act for Landlords and Letting Agents

The Right to Rent scheme was first implemented in parts of the West Midlands on 1^st October 2014, before being expanded across the rest of England from 1^st February 2016. The Home Office claims that it will be extended to the rest of the UK in “due course”.

Under the civil penalties currently in place, landlords or letting agents that fail to make the relevant immigration checks are liable for a fine of up to £3,000 per illegal migrant tenant.

At present, if a landlord finds that an existing tenant is an illegal migrant, they cannot evict them from the property.

The new provisions will enable landlords to evict illegal migrant tenants more easily, and in some circumstances, without a court order. Landlords will obtain a notice issued by the Home Office, which confirms that the tenant is disqualified from renting in the UK as a result of their immigration status. On receipt of this, the landlord will be expected to take action to ensure that the illegal migrant leaves the property.

The Government has also introduced four new criminal offences to target rogue landlords and letting agents that exploit migrants and consistently flout the law by failing to conduct Right to Rent checks, or failing to take steps to remove illegal migrants from their property.

These landlords or agents may face a fine, up to five years’ imprisonment, both, or a fine and imprisonment and further sanctions under the Proceeds of Crime Act.

However, the Act also offers a defence against the offences for landlords who have taken reasonable steps within a reasonable timeframe in seeking to terminate a tenancy involving an illegal migrant.

The Immigration Minister, James Brokenshire, comments on the new provisions: “We are clear that illegal immigrants should not be able to access or remain in private rented accommodation, preventing lawful residents from finding a home.

“We know the vast majority of landlords are diligent in their responsibilities when it comes to their tenants, and we want to help them to be able to evict illegal immigrants more easily.

“But unscrupulous landlords and agents who exploit migrants and who repeatedly fail to carry out Right to Rent checks or fail to take steps to remove illegal immigrants from their property will find they could now face going to jail.”

The Managing Director of the Association of Residential Letting Agents (ARLA), David Cox, also responds to the announcement: “We are pleased to have a date for implementation; this goes some way towards addressing the issues revealed by Right to Rent checks since their implementation earlier in the year. If these measures prove to be effective in tackling rogue landlords who offer overcrowded and poor quality housing, it will be positive.

“Letting agents need to remember the new rules mean if they do flout the law, their company will be liable to pay a £3,000 civil penalty per occupier who is an illegal over-stayer, and they may be personally liable to an unlimited fine, as well as the potential of up to five years in prison.”

The Government’s factsheet can be found here: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/537218/Immigration_Act_-_Part_2_-_Residential_Tenancies.pdf

Landlords, Are You Ready for the Housing and Planning Act 2016?

Published On: October 14, 2016 at 8:30 am

Author: Em Morley

Categories: Landlord News

Tags: Housing and Planning Act,landlord law,Right to Rent,rogue landlords

Unlicensed HMO landlord ordered to refund £84,877 to tenants

Landlords, are you ready for the changes and regulations set to be introduced by the Housing and Planning Act 2016?

Landlords, Are You Ready for the Housing and Planning Act 2016?

On 12^th May this year, the Housing and Planning Act 2016 was awarded royal assent. Various parts of the act will come into force in stages through commencement orders. Landlords must keep up to date with the parts of the law that regard the private rental sector.

Francesca Tremeer, of QualitySolicitors Burroughs Day, has the latest information for landlords on how the Housing and Planning Act 2016 will affect them.

In particular, the Housing and Planning Act directly affects all of the below:

The process of recovering abandoned property: The Housing and Planning Act will make it possible for landlords to recover possession of their abandoned property without a court order. However, Francesca explains why this could create immediate problems for landlords.
Fitness tests for Houses in Multiple Occupation (HMO) licenses: New criteria for HMO license applications will be added for landlords, including your duties under the Right to Rent scheme.
Banning orders for rogue landlords and letting agents: Rogue landlords and letting agents who consistently flout the law will now be banned from operating in the lettings sector and put on a new database, which will be maintained by local housing authorities.

For more details of these updates and how they will affect you as a landlord, read the full article here.

Landlords, remember that you can keep up to date with your responsibilities as a landlord, along with any changes to the law, at Landlord News.

We will keep you posted on forthcoming regulation changes in the lettings sector, such as the rules detailed above. Don’t get caught out – stay on top of your legal duties!

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