Did you know the Immigration Act 2014 introduces new restrictions that will apply to private residential rental agreements?
Since 1st December 2014, in large parts of the West Midlands it’s now against the law to rent accommodation to a person who is disqualified by their unlawful immigration status. Those who fail to comply with the law may be liable to a civil penalty of up to £3,000 for each tenant. This legislation applies to landlords, letting agents who act on behalf of landlords, tenants who sublet accommodation and individuals who accommodate lodgers in their own homes in return for rent.
The new restrictions are being introduced on a phased basis, starting with the local authority areas of Birmingham City Council, Wolverhampton City Council, and the metropolitan borough councils of Sandwell, Dudley and Walsall. Landlords, letting agents and tenants in these areas need to know their obligations and start performing the checks.
The checks are modelled on the ‘right to work’ checks employers have performed for many years. In most cases, the checks will involve a face value examination of documents such as a passport, a permanent residence card or a biometric immigration document. You’ll need to keep copies of the documentation as evidence the checks have been carried out and retain them for one year after the tenancy ends.
In cases where the documents aren’t available, you can find out if a potential tenant has the right to live in the UK using an online checker. To help you comply with the legislation, you can use a simple online toolkit or call the dedicated landlord helpline on 0300 069 9799.
You can also obtain more information about the act and your obligations via the following links: