Home RECENT LEGISLATION Landlords can use the government Immigration status checker on-line

Landlords can use the government Immigration status checker on-line

right-to-rent-challenge-smallUpdate on the “right to rent”

A brief report has been published by the government on Wednesday, August 29, 2018 with some guidance on the right to rent.
The controversial “right to rent” legislation has been challenged in the court and it is being spear headed by The Joint Council for the Welfare of Immigrants (JCWI). The British Landlords Association is supporting the JCWI.

This briefing paper provides an overview of Right to Rent checks which must be carried out by private landlords/agents in England. The checks were introduced by the Immigration Act 2014. Breaches may, in some circumstances, amount to a criminal offence after changes introduced by the Immigration Act 2016 on 1 December 2016.

Jump to full report >

Why Right to Rent checks?

As part of Government attempts to cut down on illegal migration, the Immigration Act 2014 introduced a number of measures to restrict access to services for those without a valid right to remain in the UK. One of these measures was a requirement on private sector landlords to check that their tenants’ immigration status does not disqualify them from renting property (i.e. that they have a Right to Rent).

Landlords’ responsibilities

The Government has published a short guide on Right to Rentalong with a Right to Rent Code of Practice and a code of practice for landlords on avoiding unlawful discrimination when conducting Right to Rent checks.

For applicants whose immigration documents are held by the Home Office and are therefore not available, the Home Office has created a Landlords’ Checking Service. This online tool will provide an answer to questions on an applicant’s Right to Rent. If no answer is received from the service within 48 hours, the landlord has a statutory excuse against liability for a penalty.

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