Posts with tag: Right to Rent

Good Landlords Will be Protected by Changes to Right to Rent Scheme

Published On: April 27, 2016 at 8:31 am

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Good Landlords Will be Protected by Changes to Right to Rent Scheme

Good Landlords Will be Protected by Changes to Right to Rent Scheme

Members of Parliament have confirmed that good landlords will be protected by changes made to the Right to Rent scheme.

Measures to provide greater protection for responsible landlords looking to evict illegal immigrant tenants have now been approved, reports the Residential Landlords Association (RLA).

The changes to the Immigration Bill, proposed by the Government and approved on Monday, will defend those landlords that take reasonable steps in an appropriate timeframe to terminate tenancies of those living in the UK illegally.

Previous under Right to Rent law, landlords or letting agents would face immediate criminal sanctions upon discovery that they had failed to ensure their tenants had the right to rent property in this country, before having the opportunity to evict them.

The RLA campaigned for the change, which was approved by the Government last month.

Additionally, it is believed that further changes will be made to the Right to Rent scheme, after confusion was raised in the House of Lords. We will continue to keep you updated on all changes to landlord law.

The Policy Director at the RLA, David Smith, says: “The RLA warmly welcomes the Government’s pragmatic changes to its Right to Rent scheme that will provide protection for good landlords from the unintended consequences of the policy. It is particularly helpful that the changes were approved by MPs without a vote; a sign of cross party support for the measure.”

Landlords and letting agents are obliged to conduct immigration checks on all prospective tenants. It is vital that you understand your legal duties and comply with the Right to Rent scheme. For more advice, we have tips on how to carry out the checks: /remember-comply-right-rent-rules/

New application to aid Right to Rent checks

Published On: April 22, 2016 at 1:34 pm

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A new application has been launched by the Residential Landlords Association (RLA) to assist landlords in complying with their Right to Rent obligations.

The Inventory Plus app has been created in order for residential landlords to create and manage their property inventories on any device.

Checking

RLA Inventory Plus allows landlords to store inventories and tenants are able to sign reports remotely. The application also includes prompts alongside useful legal and practical advice.

In addition, the application is designed to help landlords to keep on the right side of the law in regards to Right to Rent.

As part of the Right to Rent service, the application:

  • asks compliance questions and provides a walkthrough service
  • is compliant with Home Office Immigration Act 2014
  • avoids discrimination against legitimate tenants
  • has a proof of document approval process
  • sends email reminders prompting re-checks on time-limited tenants
  • produces a PDF report that can be downloaded or emailed
  • synchronises across desktop, tablet and phones
  • comes with unlimited reporting for just £12.50 per year
New application to aid Right to Rent checks

New application to aid Right to Rent checks

Confusion

Speaking at the Landlord and Letting Show at Aintree, Richard Abbotts of Inventory Plus said it was important for landlords to have this kind of service. Abbotts noted that tenants with time-limited visas in particular, ‘cause confusion and many landlords aren’t sure when to check.’[1]

Mr Abbots when on to say that there are, ‘many services online where you can buy fake driving licenses and even a fake HMRC certificate.’[1] The application therefore is programmed to check the authenticity in conjunction with the Home Office.

The RLA Inventory Plus application is available with a free 30 day trial. Further information on the application can be sourced by visiting www.rlainventoryplus.co.uk.

[1] Richard Abbots, Landlord and Letting Show, Aintree, 20.04.16

 

Remember to Comply with Right to Rent Rules!

Published On: April 16, 2016 at 8:52 am

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As of 1st February, landlords, letting agents and tenant services have been required to conduct immigration checks on all prospective tenants under the Right to Rent scheme. It is vital that you comply with the legislation, as you may face a penalty if you are found renting a property to an illegal immigrant.

Under the Immigration Act 2014, landlords and agents must check the identity documents of all prospective tenants to make sure they have the right to rent in the UK.

Remember to Comply with Right to Rent Rules!

Remember to Comply with Right to Rent Rules!

Shockingly, 90% of landlords are still unaware of this legal requirement. As regulations within the private rental sector are changing constantly, it may be a good idea to use an agent or referencing agency to conduct the checks on your behalf.

If you do pass responsibility onto someone else, you must have proof in writing of your agreement so that you are not liable for a penalty.

LandlordReferencing.co.uk uses Jumio to validate identification documents of potential tenants. This service allows the agency to perform quick and simple immigration checks, providing landlords and letting agents with peace of mind.

The CEO of LandlordReferencing.co.uk, Paul Routledge, explains how the service works: “At LandlordReferencing.co.uk, we’re all about giving our letting agents and landlords peace of mind that they are complying with the new regulation, while also delivering a faster and easier ID check for their tenants.

“Helping landlords and letting agencies verify the veracity of their tenants’ documents can be a challenging work. Jumio’s Netverify offers LandlordReferencing.co.uk the in-depth expertise needed for performing checks of IDs from over 130 countries, without hindering the user experience.”

Jumio’s Catherine Hickey adds: “Complying with the Right to Rent legislation, while also delivering a customer-friendly experience, has never been more important for referencing agencies, landlords and letting agents.

“The benefits of verifying IDs in a simple and easy way are extremely valuable to companies such as LandlordReferencing.co.uk, letting agents, landlords and tenants alike.”

If you are planning to conduct the checks yourself, you must have a procedure in place for all new tenancies going forward. It is believed that criminal sanctions will be introduced under the Immigration Bill, which is currently going through Parliament – stick to the law to avoid facing penalties!

Also, be aware that the Government’s guidance on the scheme could be soon to change. We will keep you updated on all changes to landlord law.

Government Plans to Update Right to Rent Guidelines

Published On: April 14, 2016 at 9:47 am

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The Government is reviewing its guidelines on the Right to Rent scheme, after confusion was raised in the House of Lords.

The Right to Rent scheme requires landlords or their letting agents to conduct immigration status checks on all prospective tenants, ensuring that the renter has the right to live in the UK. Research from the Residential Landlords Association has found that a huge 72% of landlords do not understand their legal obligations under the scheme.

Government Plans to Update Right to Rent Guidelines

Government Plans to Update Right to Rent Guidelines

However, the complexities of the law, part of the Immigration Act 2014, have now been brought up in the House of Lords, as the Immigration Bill works its way through Parliament.

During the discussion, it was revealed that migrants who should not be in the UK may be given permission to rent, despite being prohibited from living here.

Labour peer Baroness Lister of Burtersett asked whether the Home Office would provide guidance to migrants who did not know whether they have a right to rent.

The spokesperson for the Home Office, Lord Keen of Elie, responded: “Under the Right to Rent scheme, landlords must check the immigration status of those renting to ensure they are here legally. Where a migrant’s documents are with the Home Office, landlords can confirm the right to rent through the Landlords Checking Service using the migrant’s case reference number.

“In some limited circumstances, such as where there are genuine obstacles to them leaving, migrants here without leave may be afforded permission to rent, although disqualified from renting.”

He added: “Where a migrant is unsure as to whether they qualify for permission to rent, they may contact the case owner, or team that is dealing with their case, or ask when they attend the Home Office in compliance with reporting conditions.”1

He also explained that the current guidance will be updated to help migrants make inquiries into their right to rent.

There has already been much confusion over the scheme, notably one case that could weaken Right to Rent legislation: /court-case-weaken-right-rent/

However, the Government has confirmed that changes will be introduced in the Immigration Bill to protect good landlords from penalties.

We will continue to provide you with updates on changes to landlord law.

1 http://www.parliament.uk/business/publications/written-questions-answers-statements/written-question/Lords/2016-03-23/HL7365/

Landlords to be Protected Under New Changes to Right to Rent

Published On: March 4, 2016 at 9:35 am

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Landlords will be protected by Government changes to Right to Rent legislation, the Residential Landlords Association (RLA) has announced.

The RLA has campaigned for changes to the Right to Rent scheme, notably that landlords should not be immediately criminalised for failing to identify illegal immigrants.

Landlords to be Protected Under New Changes to Right to Rent

Landlords to be Protected Under New Changes to Right to Rent

The Government has now agreed to changes to the Immigration Bill – currently going through Parliament – which will provide protection for the good landlords that take reasonable steps in an appropriate timeframe to end tenancies for those living in the UK illegally.

Previously under the bill, landlords would face immediate criminal penalties upon discovery that they failed to ensure their tenants had the right to rent in the UK.

The Government has also agreed to consider changes to regulations that would enable landlords to provide information to tenants, such as tenancy deposit protection schemes, via email, rather than in paper form, as is currently required.

The RLA, on behalf of landlords, has campaigned for both changes and has welcomed the Government’s plans.

The Chairman of the RLA, Alan Ward, says: “The RLA warmly welcomes the Government’s pragmatic changes to its Right to Rent scheme that will provide protection for good landlords from the unintended consequences of the policy.

“It is also welcome that the Government is willing to look at how electronic information can be better used to provide tenants with the legal information they require.

“In the 21st century, it is ridiculous that landlords are expected to print so much paper when it can be provided at the simple click of the button.”1

Advice for landlords on conducting Right to Rent checks can be found here: https://www.justlandlords.co.uk/news/right-to-rent-coming-in-2016/

Information for landlords on the two new custodial deposit protection schemes can be viewed here: https://www.justlandlords.co.uk/news/two-new-custodial-tenancy-deposit-protection-schemes-launch-april/

1 http://news.rla.org.uk/news-rla-org-uklandlords-protected/

ARLA Works with Home Office to Overcome Right to Rent Issues

Published On: March 1, 2016 at 9:26 am

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The Association of Residential Letting Agents (ARLA) has been working alongside the Home Office to overcome issues experienced by landlords and letting agents in East Anglia in regard to Right to Rent checks.

In Suffolk, Norfolk and Cambridgeshire, many letting agents and landlords deal with requests from US Air Force personnel for private rental accommodation.

ARLA Works with Home Office to Overcome Right to Rent Issues

ARLA Works with Home Office to Overcome Right to Rent Issues

However, the US Air Force staff have been informed that for security reasons, they cannot allow anyone to photocopy their identification documents, as is required under the Right to Rent scheme.

ARLA has teamed up with the Home Office to resolve this problem.

The US Air Force has now agreed to create letters specifically for the purpose of providing evidence of staff’s migration status to prospective landlords and letting agents.

The Home Office has told ARLA:

  • This letter will be used for this purpose only and therefore can be kept or photocopied by a landlord or agent.
  • The US military is happy for landlords or agents to see, but not copy, a military ID card, which will allow the landlord or agent to check the person’s identity more thoroughly and guard against abuse.
  • This process will cover family members or dependents, but details are yet to be agreed. However, the Home Office claims that it is most likely that family will be named in the letter.
  • The process will be outlined in forthcoming guidance.
  • Military personnel will be made aware of these letters and the process.

As of 1st February, landlords or their letting agents have been required to conduct immigration status checks on all prospective adult tenants before the start of a tenancy through the Right to Rent scheme.

However, it has recently emerged that many landlords are already unaware of their legal obligations, and this issue looks set to confuse those renting out private property even further.

We continue to bring you the latest in lettings law and advice for landlords.