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Immigration checks – Right to Rent Steve Simpson

Immigration checks – Right to Rent Steve Simpson. Who is impacted by right to rent checks?. The Immigration Act places new restrictions on illegal immigrants accessing private rented accommodation

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Immigration checks – Right to Rent Steve Simpson

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  1. Immigration checks – Right to RentSteve Simpson

  2. Who is impacted by right to rent checks? • The Immigration Act places new restrictions on illegal immigrants accessing private rented accommodation • Landlords will need to carry out checks to identify if a potential tenant has the right to reside in the UK. • The scheme was rolled out in the West Midlands on 1 December 2014. The Prime Minister announced in May 2015 it was going to roll out nationally across the UK. • Applies across England from 1st February 2016 • Landlords can start to carry out Right to Rent checks now as these can be done from 28 days before the start of a tenancy agreement.

  3. Who is impacted by right to rent checks? • Landlords / Agents and tenants of private rental residential properties • Tenancies starting on or 1st February 2016 • Existing tenancies are not impacted as long as there is no break in the tenancy • All adults (18yrs and over) living at the property whether or not they are named on the tenancy agreement

  4. Who is responsible for conducting checks? • Whoever authorises occupation of the accommodation • Landlords can instruct agents to undertake checks on their behalf but need to ensure that a written agreement exists transferring this responsibility. • If tenants sublet they will be responsible for the “right to rent” checks and liable for any civil penalty. • However NLA advise landlords take all ‘practical steps’ to ensure checks are carried out* • https://www.gov.uk/landlord-immigration-check

  5. Who is responsible for conducting checks? • Four basic steps to conducting an initial right to rent check: • Establish the adults who will live in the property as their only or main home; • Obtain original versions of one or more of the acceptable documents for adult occupiers; • Check the documents in the presence of the holder of the documents, and • Make copies of the documents and retain them with a record of the date on which the check is made.

  6. What documents can be used ? • A Code of Practice details lists of accepted documents • List A documents provide evidence of a person’s continuous right to rent in the UK Group 1 – Acceptable single documents Group 2 - Acceptable document combinations • List B documents provide evidence of a person’s limited right to rent in the UK, (so future checks will be necessary)

  7. List A – Group One • U K Passport • Biometric residence permit with unlimited leave • EEA/Swiss national passport/identity card • Passport or travel document endorsed with unlimited leave • EEA/Swiss family member permanent residence card • Certificate of naturalization or registration as a British citizen

  8. List A – Group Two – 13 documents • UK birth or adoption certificate • Full or provisional U K driving license • Letter from HM prison service • Letter from UK government department or local authority • Evidence of current or previous U K armed forces service • Criminal record check • Benefit papers • Letter from a U K further or higher education institution

  9. List B • Valid passport endorsed with a time-limited period • Biometric immigration document with permission to stay for time-limited period • Non-EEA national residence card • U K immigration status document with a time-limited endorsement from Home Office

  10. What does a landlord check for ? • Undertake basic visual checks to ensure that the document or documents relate to the tenant by: • Comparing any photographs in the documents, and dates of birth against the appearance and apparent age of the holder. • Where a variety of documents have been presented check names, photographs and dates of birth are consistent. • Documents appear to be genuine

  11. What if a potential tenant has an outstanding case with the Home Office? • If a person cannot show any of the acceptable documents listed but states they have an outstanding immigration case with the Home Office, a landlord can request that the Home Office carry out a right to rent check by completing an online form. • https://www.gov.uk/landlord-immigration-check • The landlord will receive a clear ‘yes’ or ‘no’ response within two working days. • Anyone who does not have internet access or requires assistance in completing the form may call the Landlords Helpline on 0300 069 9799.

  12. What happens after the check? If the document is from List A: • Landlord takes a copy of the original, • dates the copy, • retains on file for at least 12 months after the tenancy agreement has ended.

  13. What happens after the check? If the document is from List B:- • Landlord takes a copy of the original, • dates the copy and retains on file for at least12 months after the tenancy agreement has ended. • The landlord is required to undertake a further check 12 months later or after the leave has expired, which ever is the later. • All copies should be dated and retained on file for 12 months after the tenancy agreement has ended.

  14. What happens after the check? If the documents are not satisfactory:- • Do Not Grant a Tenancy. The applicant may not have the right to rent in the UK. • Explain that you are not satisfied that the applicant has demonstrated their right to rent and that you are not permitted to grant a tenancy. • You have No Duty to report the individual and need take no further action.

  15. Exemption examples • Accommodation provided by employers for their employees • Holiday lets • If it is not the tenant’s only or main home • House guests such as friends or family members • Accommodation involving local authorities, including where the tenant is to be placed into the PRS by the local authority • Care homes, hospitals, hospices • Hostels and refuges

  16. Students • Accommodation provided by Universities and Higher Education institutions is exempt • Purpose built, privately managed student accommodation which has the majority of its residents nominated by one or more education institution is exempt • Residential tenancy agreements granted to students by other private landlords and accommodation providers are not exempt and will be subject to the same requirements as for all other tenants

  17. Links • All information is publically available on www.gov.uk however NLA run courses nationwide to go through the checks in more details. • Online Guide https://www.gov.uk/landlord-immigration-check • Codes of practice https://www.gov.uk/government/publications/right-to-rent-landlords-code-of-practice • Guide for landlords on checking Documents https://www.gov.uk/government/publications/rules-and-acceptable-documents-right-to-rent-checks

  18. Contact Details Steve Simpson steve.simpson@landlords.org.uk 07842 298495 National landlords Association Skyline House-2nd floor, 200 Union Street London SE1 0LX www.landlords.org.uk

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