Residential landlords are to face fines and even prison sentences if they repeatedly fail to carry out “right to rent” checks or fail to remove illegal migrants from their property.
The move was announced on 3 August as the government flagged up measures to be included in a new Immigration Bill, expected to be introduced to Parliament when MPs return to Westminster in September.
They will include allowing landlords to evict illegal migrant tenants more easily, by giving them the means to end a tenancy when a person’s leave to remain in the UK ends, in some circumstances without a court order.
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 ensure that the tenant or occupant leaves the property.
Nationally, landlords will also be required to carry out “right to rent” checks on tenants’ immigration status before offering a tenancy agreement, following a pilot of the system in the West Midlands.
Under a new criminal offence targeting landlords and agents who repeatedly fail to conduct the checks or fail to remove illegal migrants from their property, offenders may face a fine, up to five years in prison and further sanctions under the Proceeds of Crime Act.
Alan Ward, chair of the Residential Landlords’ Association (RLA) said: “The RLA welcomes proposals to simplify repossession when an illegal immigrant has been identified by the Home Office.”
But he added: “It is not fair to put all the burden on landlords. They are not immigration officers and cannot be expected to readily identify documents and visas with which they are totally unfamiliar and it will require adequate resourcing. The addition of a new criminal penalty seems premature.”
Erin Duffy, a associate solicitor at Palmers whose expertise includes advising residential landlords, said: “The final form of the legislation is some way off but the planned changes clearly have significant implications for residential landlords.
“Residential landlords need to start thinking now about their new right to rent check responsibilities and changes to eviction routes so that they are not caught unprepared when these take effect. For more information on how landlords can achieve compliance with current and existing law, please contact our Property team.”