Landlord Immigration Checks – Introducing The Immigration Act 2014

 What is the Immigration Act?

The introduction of the first phase of the "right to rent" scheme is part of a drive to "create a hostile environment" for illegal migrants in Britain and to deny them access to public services they are not entitled to. The Immigration Bill received Royal Assent on the 14th May 2014 allowing for a “series of reforms” to the UK immigration system.  Its goal – to make it tough on migrants who do not have a right to reside in the UK and make it easier to deport those individuals.  The Immigration Act 2014 contains 77 clauses and makes fundamental changes to how our immigration system functions.

2.  How will it affect private landlords?

Private landlords will be required to check all those who are expected to be living in the household at the start of a tenancy and not just those whose names are on the tenancy agreement. This can be controversial as landlords will be expected to carry out checks on those with whom they have no contractual relationship. What is unclear at this stage is whether a landlord will be required to check the status of a tenant when the initial fixed term comes to an end and the agreement has become periodic – a similar issue to re-issuing the prescribed deposit information at the end of the fixed term.

It is hoped that the checks should not be too burdensome on landlords and should not put them to additional expense. Documents used for checking "relevant nationals" are likely to be documents such as passports, licenses and ID cards.  Copies of the documents will have to be taken and kept for 12 months after the tenancy has ended.

It is important to note that landlords will be required to check all prospective occupiers of the property whether named on the agreement or not.  Under-18s will be exempted from the check.   Our recommendation is that any person over the age of 18 should be named on the agreement and therefore, should have their immigration status checked.

Landlords are advised that if the proper enquires are not made prior to the start of the tenancy agreement as to the eligibility of the tenants, they may face a fine of up to £3000.

The burden falls not only on the landlord but also the letting agent, if applicable. The rules will also apply to households taking in lodgers or sub-tenants into their own home.

The Home Office promises a landlord-checking service will respond within two working days to inquiries to confirm the status of those who have outstanding immigration applications or appeals.

3.  Who  are 'relevant nationals'?

Tenants classed as ‘relevant nationals’ are either British citizens, a national of an EEA State other than the United Kingdom, or nationals of Switzerland.  Occupiers from other Countries will be required to prove their right to reside in the UK by producing the relevant visa documentation.

An official code of practice published alongside the announcement suggests that the immigration status of everyone who is to occupy a new tenancy should be checked to avoid accusations of discrimination. Only those well known to the landlord, such as immediate family members, will be exempt.

4.  When must landlords start checking the tenant’s status?

It had originally been intended that the Immigration Act would become law in October 2014. However, given the impact this law may have on landlords, this has now been reconsidered and instead the scheme will be tested in a pilot area, likely to be one geographical area by the end of 2014 with a view to rolling the scheme out across the UK in 2015.

The introduction of the compulsory landlord immigration checks was phased in on the insistence of the Liberal Democrats, and a decision on whether to cancel the extension of the scheme throughout Britain will have to be taken after the general election in May. The Home Office says it expects to continue with the phased introduction of the checks across the UK next year.

As a matter of course, Home Lettings Scotland have already introduced measures to ensure that tenants provide landlords with the relevant documentation such as a passport or visa at when the referencing processes are under way.

5. Where can I go for further information?

Guidance for landlords affected and code of practice for dealing with this new legislation can be viewed in UK Government website.   For a detailed look into the responsibilities of landlords and agents, see Part 3 (Access to services), Chapter 1 Residential tenancies.