right to rent: do landlords need to become immigration officers? presented by mark lilley-tams,...
DESCRIPTION
What is the new 'right to rent' law? "A landlord must not authorise an adult to occupy premises under a residential tenancy agreement if the adult is disqualified as a result of their immigration status."TRANSCRIPT
RIGHT TO RENT: DO LANDLORDS NEED TO BECOME IMMIGRATION
OFFICERS?Presented by
Mark Lilley-Tams, Paragon LawAli Baylav, Cavendish Lettings
What to expect from today
What is the new law? Who does it apply to? What do you need to do? What happens if you get it wrong? Who takes on responsibility? Case Studies Q&A
What is the new 'right to rent' law?
"A landlord must not authorise an adult to occupy premises under a residential tenancy agreement if the adult is disqualified as a result of
their immigration status."
Which 'occupiers' does it apply to?
Tenants named in the tenancy agreement Other persons named in the tenancy agreement Other persons not named in the tenancy agreement but whom the
landlord should have known were staying at the property had 'reasonable' enquiries been made
Only applies to adults (18+) Only applies to occupiers if it is their 'main residence'
Which Landlords does it apply to?
Landlords who let properties with a lease or tenancy agreement Occupiers who sub-let the property Landlords or occupiers who take on lodgers
Which tenancy agreements does it apply to?
The right to rent scheme applies to tenancies, leases, licences, sub-leases or sub-tenancies, where a new tenancy comes into effect AFTER the 1st February 2016.
Exemptions
Local Authority Arranged Housing Social Housing Care Homes, Hospitals and Hospices Hostels and refuges (not commercial) Tied Accommodation Halls of Residence Long Leases over 7 years
Establish, Obtain, Check and Retain
Who is living in the property? Carry out document checks in the physical presence of the tenant Check that the documents establish a right to rent Retain a record of the relevant documents, for at least 1 year
following the end of the tenancy
How long before carrying out another check?
Permanent - no further checks required Time Limited - whichever is the longest of:
i) one yearii) the date when the Leave to Remain expires
What are the penalties?First Breach
£80 - Lodgers £1,000 - Tenants
Second Breach
£500 - Lodgers £3,000 - Tenants
In Future - criminal sanctions including sentence of imprisonment of up to 5 years
Who Pays the Penalty?
Is there a statutory excuse available? Has responsibility been delegated to an agent?
An Agent can take on legal liability under the right to rent scheme.• Does not need to be a letting agent• Must be an agreement with an organisation working in
the course of business• Must be a formal agreement in writing
Making a Report to the Home Office
When a follow-up check reveals the tenant no longer has the right to rent
When the Landlord becomes aware of a change of circumstances for the tenant meaning they no longer have the right to rent.
https://www.gov.uk/report-immigration-crime
Case Studies
A right to rent check is carried out for a tenant whose leave is due to expire on the 14th March 2016. Can the Landlord enter into a 12 month tenancy with them?
A tenancy agreement is entered into with a student who is overseas and coming to the UK to study. How and when can the check be carried out?
A landlord is overseas. How can they carry out the document check 'in the presence of the tenant'?
Right2Rent Solution
Quality – Checks carried out by Law Society Accredited Professionals Express – Initial response within 2 business hours Simple – Online Forms and Guidance to make the process easy Certified – Our Certificate will immediately prove the right to rent Affordable – Great value for money - from £11.25 per check Guarantee – We take legal responsibility for verifying status Compliance – We store all documentation to demonstrate compliance Future Proof – We will notify you before the tenant’s status expires