The Immigration Act 2014 provides that landlords will be legally responsible for checking the immigration status of any new adult tenants. A pilot of the new rules will be run in one part of the UK, and then the Government will decide if the requirements should be applied more widely. It is expected this would be introduced in 2015.
The requirements will only apply to new tenancy agreements. Existing agreements are unaffected and landlords will not be required to carry out retrospective checks. The rules will apply to all adults (aged 18 and over) living at the property, as well as all prospective occupiers of the property whether named on the agreement or not.
We recommend a standard form is used calling upon the tenant(s) to identify all proposed occupants including children. Where there is a time limit on a tenant’s permission to live in the UK, then landlords or agents must again check the tenant’s immigration status before the expiry of the tenancy.
Private landlords can transfer responsibility for these checks to a letting agent where the agent agrees in writing. Landlords or agents will have to check that prospective tenants have at least one document from a specified list (as yet unpublished). The Government has advised that they will publish a Code of Practice, guidance and online resources, including an aid to help landlords and agents identify whether they are affected and, if so, how to conduct a check.
Neglecting to perform the requisite checks could result in a fine of up to £3,000. Fines are in relation to an individual tenant and not a property. Therefore, if there are several persons occupying a property with no right to reside in the UK, a landlord or agent may be subject to fines for all the occupants.
The Code of Practice will ensure checks are not carried out on a discriminatory basis, as well as providing an appeals process against the imposition of a civil penalty.
It is important to note that anyone wishing to appeal should seek legal advice as the case will be based on issues of law and fact, and previous case law on similar legislation will be important.
The Act received Royal Assent on 14 May and is intended to make it more difficult for illegal migrants to rent property and thus encourage illegal migrants to regularise their stay in the UK. As immigration policy is reserved to the Westminster government, if introduced the provisions would apply to Scotland.
If you would like further information please contact a member of our Housing and Private Letting team.
