Landlords Checks
The Immigration Act 2014 Immigration Act 2014 Received Royal Assent on 14 May It will limit the factors that make the UK an attractive destination to illegal migrants and make it easier to remove those with no right to be here. Among its provisions: – Banks and building societies must not open new current accounts to persons disqualified by reason of their immigration status; – Give legislative force to the policy of refusing UK driving licences of those here illegally, and enable existing licences to be revoked; – Private landlords are prohibited from renting accommodation to those with no right to live in the UK; – Introduce a health surcharge to ensure that temporary migrants (e.g. students or skilled workers) make a financial contribution to the NHS. Separate secondary legislation doubled the maximum civil penalty on employers of illegal workers. 2
Landlord Checks HELPFUL TO ADD STATS / FACTS? Landlords should check the right to rent to prospective tenants before letting accommodation as their main or only home. Ensuring that landlords undertake the right checks will help us to tackle the problem of illegal immigration, rogue landlords and the exploitation of illegal migrants within the housing sector. To prevent illegal migrants competing against lawful residents for accommodation. 3
What will the checks involve? In most cases the checks will be simple and straightforward, landlords or their agents will need to check: Evidence of a person’s identity and citizenship e.g. a passport or other documentation for UK and European Economic Area (EEA) citizens or the biometric residence permit for non-EEA citizens . Landlords will need to retain a copy of these documents as evidence that they have conducted the checks. Follow up checks for temporary migrants. Where an individual cannot provide evidence: Due to lack of passport or BRP, refer to list of other acceptable documents; and Where all documents are with the Home Office, use the checking service 4
Phase 1 of Landlord Checks Phase 1 of the Landlord checks will begin in the West Midlands. From 1 st December 2014 landlords in Birmingham, Walsall, Sandwell, Dudley and Wolverhampton should conduct right to rent checks. This will provide an excuse against a civil penalty if they are found to have let accommodation to a non-EEA national without lawful immigration status. The West Midlands was chosen as the phase 1 location due to its diverse housing and rental market and the size of the population which is big enough to mitigate the risk of tenants moving out to other areas. The new measures will then be evaluated, and decisions will be made in 2015 about how and when to roll the scheme out nationally. 5
Who is impacted by right to rent checks? Landlords and occupants of private rental residential properties in Birmingham, Walsall, Sandwell, Dudley and Wolverhampton . New tenancies only starting on or after 1 st December 2014. • Checks are not retrospective • Existing tenancies are not affected as long as there is no break in the tenancy All adults (aged 18 and over) living at the property whether or not they are named on the tenancy agreement. Children are exempt but landlords will need to satisfy themselves that the person is under 18. 6
Who is responsible for conducting the checks? The person who responsible for letting the accommodation is responsible for conducting the checks. This could be a landlord or agent or individual renting out their spare room. Landlords can ask an agent to perform the document checks on their behalf but they will need to have evidence of this arrangement, in a contract or written document. If tenants sublet the accommodation, then they will be responsible for the right to rent checks and liable for any civil penalty. - this applies equally to tenants within private or social housing 7
How should a landlord conduct a check? Examples of documents evidencing a tenant’s right Step 1 to rent 1. Passport or national identify card (British , EEA, Switzerland) 2. Registration certificate or document certifying permanent residence issued by the Home Office Landlord / letting agent Tenant provides landlord / 3. Permanent residence card Retains copy letting agent with evidence of 4. Valid biometric residence permit their right to rent 5. Endorsed passport to show no limit, right of abode, indefinite End of 6. Certificate of registration or naturalisation as British citizen process 7. Documents showing exempt from immigration control 8. Any 2 from a list of documents including full birth certificate, driving licence 9. Valid passport, BRP endorsed to show holder can stay in UK 10. Residence card or derivative residence card 11. Valid immigration status document issued by Home Office yes documents available? tenant has a right to rent no no does tenant have an active application with Home Office? tenant does not have a right to rent yes tenant provides landlord with their:- 1. Name Landlord requests a 2. Date of birth right to rent from the 3. Nationality Home Office ( Step 2 ) 4. Home Office reference number
How should a landlord request a Home Office check? Step 2 Request for a right to rent check Landlords Checking Service GOV.UK landlord / letting agent conduct checks request e-mail on-line request for a right to rent check right to rent confirmation e-mail (yes/no)
Are there any exemptions? Children (under the age of 18 years) Holiday accommodation If it is not the tenant’s only or main home (N.B. if in doubt, landlords should conduct the check) House guests such as friends or family members provided that they are not paying rent or they are not living in the accommodation as their only or main home Accommodation involving local authorities Care homes, hospitals, hospices and continuing healthcare provisions Hostels and refuges Student accommodation including all halls of residence, any accommodation provided for students directly by a higher educational institution (HEI), and residency agreements in private residential properties where the student has been nominated to occupy the property by a HEI. Long leases granting occupation of 7 years or more (as more akin to home ownership) 10
What are the penalties for breaching the scheme? Penalty amount Level 1 Level 2 (first breach - minimum) (second breach - maximum) Category A £80 £500 (lodgers in a private household) Category B £1,000 £3,000 (tenants in rented accommodation) 11
How will the civil penalty scheme be administered? If a landlord (or agent) is found to be renting to someone who is in the country illegally , the Home Office may issue a referral notice outlining: - the details of the case - when the case will be considered - possible decision of the outcome The Home Office will then send an information request - asking for further information and evidence to inform the decision If found liable, the individual will be issued with a civil penalty notice Landlord/agent can object and appeal on the following grounds: - Not being liable to pay the penalty, e.g. you are not the landlord - A statutory excuse, i.e. you undertook the prescribed document checks - the level of the penalty is too high, i.e. Home Office has miscalculated the amount of the penalty by reference to the wrong criteria 12
Next steps… We have convened an expert panel made up of representatives of national organisations informed on housing, letting, human rights and homelessness. Current attendees are: o British Property Federation o CRISIS o National Housing Federation o National Landlords Federation o Residential Landlords Association o RICS o UK Association of Letting Agent o Universities UK o Equality and Human Rights Commission o Association of Residential Lettings Agent o National Association of Estate Agents o National Approved Letting Scheme We have also invited representatives from the local authorities of Birmingham, Wolverhampton, Walsall, Dudley and Sandwell. 13
Where can landlords/agents/tenants get more information? On Gov.uk you can find the code of practice which gives detail on the policy and the background to the legislation and simple guidance for landlords. You can also register for email updates to keep updated when further rollouts are announced. There is a fact sheet and infograph to download. This can be distributed amongst your staff. You can also use the right to rent aid on GOV.UK to find out if your property is affected and how to conduct the checks. There is also a Landlords Helpline for landlords and those with questions (Telephone: 0300 069 9799). 14
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