Do you know what a private landlords duties under the Immigration Act 2014 are?
The Immigration Act 2014 makes it more difficult for illegal migrants to live in the UK and addresses the small minority of private landlords who knowingly target and exploit illegal migrants.
The Act means private landlords have duties under the immigration act to confirm prospective tenants have a right to reside in the UK. Many letting agents and private landlords currently carry out ID checks on prospective tenants and retain copies of passports, photo driving licence etc. However, such an ID check will become a legal requirement when the provisions of the Immigration Act 2014 are rolled out; and private landlords will need to see certain prescribed documentation prior to entering into a lease.
The Act states that a person is disqualified from occupying premises under a residential tenancy agreement, as a result of their immigration status, where they are
- not a relevant national, and
- they do not have a right to rent in relation to the premises.
Accordingly, a private landlord will require to obtain proof that a prospective tenant is either a British Citizen, a national of a EEA State other than the UK, a national of Switzerland, or that they have special permission granted by the Secretary of State to enter into a lease.
This will not be a retrospective provision and will only apply to new tenancies being entered into from the date of implementation going forward.
Letting agents can be held liable for any contravention of the Act where they act 'in course of a business' and were under an obligation to comply with the requirements on behalf of the landlord in writing (e.g. under a Management Agreement). The penalty for contravention of the Act is a maximum of £3,000.
The Home Office has committed to assisting landlords in their compliance of the Act by providing an online checking resource, a phone enquiry service and an email enquiry service.
The West Midlands will operate as an initial pilot area from 1 December 2014. It is anticipated that the requirements will then be rolled out in further areas in 2015. We will update landlords as to the progression of the implementation of this Act, when more information is available.
If you have any specific queries in relation to the Immigration Act 2014, please do not hesitate to contact a member of our LetLaw Team.
