Now that we know the Conservatives have formed a majority government, those in the private rental sector are questioning whether right to rent checks will roll out across the country.
Pilot immigration checks were introduced in the West Midlands and oblige landlords and letting agents to conduct document checks on potential tenants to determine if they have the right to rent in the UK.
If an agent manages a property on behalf of a landlord, the agent is liable under the Immigration Act 2014.
The previous coalition government launched the regulations into the region last December, proposing a roll out across the country in 2015. It is thought that this could happen as soon as this summer.
The rules of the pilot in the West Midlands included landlords or agents checking the immigration status of hopeful tenants for all new tenancy agreements. Usually, this would just mean checking a tenant’s passport. They must then keep records of these checks for 12 months after the tenancy ends.
Agents and landlords can use an online form to request a check, receiving results within two working days.
The rules also apply to those taking in lodgers and tenants who sub-let their rental property. Failure to comply with the regulations can lead to a £3,000 fine.
The UK Association of Letting Agents (UKALA) compiled a checklist for those in the West Midlands, which would apply to landlords and agents around the country if the rules roll out.
The points are as follows:
- Check if your property is affected by using the Home Office online tool, found here: https://eforms.homeoffice.gov.uk/outreach/lcs-application.ofml.
- Read the Home Office Code of Practice, found here: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/376788/Code_of_Practice_on_illegal_immigrants_and_private_rented_accommodation__web_.pdf.
- Review your letting agent terms, conditions and contracts to ensure the landlord’s, tenant’s and agent’s responsibilities are clear.
- Review your working procedures so that you have enough time to conduct the checks and that records are kept and actions taken if necessary.
- Review the wording of tenancy agreements.
- Confirm responsibilities in writing between landlord and letting agent.
- Call the Home Office advice line on 0300 069 9799 for advice and information.