Tees Valley Landlord Forum Immigration checks Steve Simpson
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Tees Valley Landlord Forum Immigration checks Steve Simpson Local Representative www. landlords. org. uk To promote and protect private residential landlords
Background • 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 rolled out to areas in the West Midlands*, from 1 December 2014 • Following an evaluation, to be rolled out nationally late in 2015 * Birmingham, Dudley, Walsall, Sandwell and Wolverhampton www. landlords. org. uk To promote and protect private residential landlords
Who is impacted by right to rent checks? Ø Landlords / Agents and tenants of private rental residential properties (initially only in the W Midlands area selected for phased roll-out) Ø Tenancies starting on or after enactment (i. e. not retrospective) Ø Existing tenancies are not impacted as long as there is no break in the tenancy Ø All adults (18 yrs and over) living at the property whether or not they are named on the tenancy agreement Ø Checks to include all students www. landlords. org. uk To promote and protect private residential landlords
Who is responsible for conducting checks? Ø Whoever authorises occupation of the accommodation Ø Landlords can instruct agents to undertake checks on their behalf but need to ensure that a written agreement exists transferring this responsibility. Ø If tenants sublet and authorise occupation under another residential tenancy agreement, they will be responsible for the “right to rent” checks and liable for any civil penalty. www. landlords. org. uk To promote and protect private residential landlords
Penalties Lodgers in a private household Tenants in rented accommodation www. landlords. org. uk Minimum Maximum £ 80 £ 500 £ 1, 000 £ 3, 000 To promote and protect private residential landlords
Immigration checks Watch out for more information…… www. landlords. org. uk To promote and protect private residential landlords
