Right to Rent checks
"Right to Rent" checks aimed at Rogue Landlords and Illegal Immigrants
The Department for Communities and Local Government (DCLG) last week announced that they are considering creating new measures requiring landlords to conduct “right to rent” checks on their tenants' immigration status before offering a tenancy agreement.
As part of that process, a new criminal offence targeted at unscrupulous landlords and agents who repeatedly fail to conduct “right to rent” checks or fail to take steps to remove illegal immigrants from their properties is also being considered. Under the proposals, Landlords may face a fine, up to five years' imprisonment and further sanctions under the Proceeds of Crime Act 2002.
The DCLG has also published a consultation on the government's proposals for tackling rogue landlords. The proposals include blacklisting rogue landlords and letting agents, extending Rent Repayment Orders and introducing civil penalties.
The consultation ends on 27 August 2015 and applies to England only. It will be of particular interest letting agents and tenant groups, as well as local authorities.
There will be measures in the Immigration Bill to enable landlords to evict illegal immigrant tenants more easily, by enabling them to end a tenancy when a person’s leave to remain in the UK ends. This will be triggered by a notice issued by the Home Office confirming that the tenant no longer has the right to rent in the UK. The landlord would then be expected to take action to ensure that the illegal immigrant tenant or occupant leaves the property.
The principle of enabling Landlord’s to evict illegal immigrant tenant’s may be welcome but quite how the process would work in practice does of course remain to be seen. When faced with an illegal immigrant tenant does a Landlord or Agent really want to wait for a notice from the Home Office before being able to take any action.
Landlord’s and Property Agents also need to be aware though that the consultation is not only in their favour – there are several consultations proposed aimed at clamping down on unscrupulous operators. One of the most alarming aspects is that the consultation invites views as to whether there should be a blacklist of persistent rogue landlords and letting agents. They might be blacklisted if, for example, they have been convicted of certain offences, and under the proposals rogue landlords or letting agents could actually be banned from renting out property.
Ultimately, the principle of being able to deal with illegal immigrant tenants in a fast and efficient manner, and forcing out rouge Landlord’s engaged solely in profiteering can only ever be welcomed. However, our recommendation is that all Landlord’s and Property Owner’s need to give serious attention to the consultations, and make sure they do not unwittingly end up on the wrong side of the law.