Criminalisation of Right to Rent breaches date set

3rd November 2016

The government has announced the date on which serious breaches of the Right to Rent regime will be a criminal offence under the Immigration Act 2016.

Currently landlords who do not undertake Right to Rent checks may face a civil penalty of up to £3,000 per illegal tenant. In most cases this is likely to remain.

However from 1st December 2016 “rogue landlords who are intent on flouting the law” may now face a fine, up to five years imprisonment, both and fine and imprisonment; and in some cases further sanctions under the Proceeds of Crime Act.

The Act will also make it easier to evict tenants in the event that they are found to be illegal migrants; such as in cases where the tenancy started before the Right to Rent regime and tenants whose visas have now expired.

Right to Rent was established nationwide from 1st February 2016 and requires all private landlords, lettings and homeowners who let rooms check the validity of their tenant’s right to remain in the UK. Critically the scheme requires all those over the age of 18 to be checked, not just people suspected of being an illegal immigrant.

If you are the managing agent, and so responsible for the tenants entering the property, then you will be expected to make the checks on your landlord’s behalf. Similarly if you offer a Finder’s Service, you as the agent will be responsible for undertaking the Right to Rent check.

CLICK HERE to view our Guide to Right to Rent

CLICK HERE to see the announcement from government

 

 

Compliance in a Box is the industry recognised compliance solution developed in conjunction with the NAEA; adopted by Relocation Agent Network, The Guild of Property Professionals and Fine & Country. Right to Rent checks are available through Compliance in a Box and enable you to;

• verify the validity of any ID
• check whether you need further evidence such as a visa or biometric residency permit
• confirm whether this supporting documentation is genuine
• store checks and copies of all documents that are checked with a time stamped audit trail

Contact Samantha Peacock (speacock@etsos.co.uk) today about Right to Rent checks on 01524 220013

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