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Tuesday 28 October 2014

UK Landlords Face Legislation Change for Immigration Checks.

The NLA (National Landlord Association) is currently calling for all UK Landlords to ensure a prospective tenants immigration status is fully checked ahead of the introduction of new legislation.
As of October 2014, a scheme aimed at targeting illegal immigrants renting private accommodation in the UK is being rolled out. The first area to pilot the scheme will be the West Midlands, with it being enforced fully in the rest of England, Scotland and Wales in early 2015. What this change in the law means is that if a landlord fails to check a tenant’s status and they are found to be living in the country illegally, then said landlord will be liable to a fine of up to £3000.

The Home Office are yet to release the specific information regarding how the scheme will be enforced and how tenants can prove their right to rent property in the UK, but it is expected that the following documents will need to be produced by prospective tenants:
  • A passport or Birth/Adoption Certificate
  • A National Insurance Number
  • A Naturalisation Certificate or Right of Abode Certificate.
Citizens of the 27 counties of the EU (as well as Iceland, Lichtenstein, Norway and Switzerland) are expected to be required to produce a Passport, National Insurance Number or a form of documentation that provides evidence of benefits collected in the UK. Collecting this simple paperwork will allow both Landlord and tenant to avoid costly fines, deportation anda lengthy investigation.

Landlords should also be able to accept a Biometric Residence Permit that grants the holder a limited stay in the UK. Individuals staying less than 6 months will not qualify for this permit and current information dictates that to accept such tenants, a valid passport containing a time restricted UK immigration stamp is required.

Recent surveys indicate this change in legislation is causing great discomfort among private landlords, with a huge 43% confessing to be unconfident about making such checks. However this needn’t be a cause for concern, with various advisory services available, the proffered information is to provide this simple additional documentation when referencing a tenant. Current guidelines suggest that if a landlord has sent off the appropriate documentation and they haven’t received a response from the Home Office in 48 hours to the status of the potential tenant, then they are within their legal rights to move ahead and rent out their property. Meaning little time is wasted, and income should not be lost through lengthy paperwork submission and approval.

For Student Landlords, this is something that should have very little effect on their usual practice as UK Universities monitor and check the immigration status of students as standard. Something that will safeguard many in the private rental sector.

If you are concerned about what this means for you, or would like to find out more contact or visit www.gov.uk/government/news/proposals-for-landlord-checks-to-tackle-illegal-migrants-renting.

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