RIGHT TO RENT: DO LANDLORDS NEED TO BECOME IMMIGRATION

OFFICERS?Presented by

Mark Lilley-Tams, Paragon LawAli Baylav, Cavendish Lettings

What to expect from today

What is the new law? Who does it apply to? What do you need to do? What happens if you get it wrong? Who takes on responsibility? Case Studies Q&A

What is the new 'right to rent' law?

"A landlord must not authorise an adult to occupy premises under a residential tenancy agreement if the adult is disqualified as a result of

their immigration status."

Which 'occupiers' does it apply to?

Tenants named in the tenancy agreement Other persons named in the tenancy agreement Other persons not named in the tenancy agreement but whom the

landlord should have known were staying at the property had 'reasonable' enquiries been made

Only applies to adults (18+) Only applies to occupiers if it is their 'main residence'

Which Landlords does it apply to?

Landlords who let properties with a lease or tenancy agreement Occupiers who sub-let the property Landlords or occupiers who take on lodgers

Which tenancy agreements does it apply to?

The right to rent scheme applies to tenancies, leases, licences, sub-leases or sub-tenancies, where a new tenancy comes into effect AFTER the 1st February 2016.

Exemptions

Local Authority Arranged Housing Social Housing Care Homes, Hospitals and Hospices Hostels and refuges (not commercial) Tied Accommodation Halls of Residence Long Leases over 7 years

Establish, Obtain, Check and Retain

Who is living in the property? Carry out document checks in the physical presence of the tenant Check that the documents establish a right to rent Retain a record of the relevant documents, for at least 1 year

following the end of the tenancy

How long before carrying out another check?

Permanent - no further checks required Time Limited - whichever is the longest of:

i) one yearii) the date when the Leave to Remain expires

What are the penalties?First Breach

£80 - Lodgers £1,000 - Tenants

Second Breach

£500 - Lodgers £3,000 - Tenants

In Future - criminal sanctions including sentence of imprisonment of up to 5 years

Who Pays the Penalty?

Is there a statutory excuse available? Has responsibility been delegated to an agent?

An Agent can take on legal liability under the right to rent scheme.• Does not need to be a letting agent• Must be an agreement with an organisation working in

the course of business• Must be a formal agreement in writing

Making a Report to the Home Office

When a follow-up check reveals the tenant no longer has the right to rent

When the Landlord becomes aware of a change of circumstances for the tenant meaning they no longer have the right to rent.

https://www.gov.uk/report-immigration-crime

Case Studies

A right to rent check is carried out for a tenant whose leave is due to expire on the 14th March 2016. Can the Landlord enter into a 12 month tenancy with them?

A tenancy agreement is entered into with a student who is overseas and coming to the UK to study. How and when can the check be carried out?

A landlord is overseas. How can they carry out the document check 'in the presence of the tenant'?

Right2Rent Solution

Quality – Checks carried out by Law Society Accredited Professionals Express – Initial response within 2 business hours Simple – Online Forms and Guidance to make the process easy Certified – Our Certificate will immediately prove the right to rent Affordable – Great value for money - from £11.25 per check Guarantee – We take legal responsibility for verifying status Compliance – We store all documentation to demonstrate compliance Future Proof – We will notify you before the tenant’s status expires

Q & A

enquiries@right2rent.co.uk www.right2rent.co.uk