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From 1 February 2016, all residential landlords will be required to check the immigration status of their tenants

The Government has confirmed that from 1 February 2016 all private landlords in England will have to check that new tenants have the right to be in the UK before renting out their property (right to rent).

The Immigration Act 2014 prohibits private landlords of residential properties from allowing certain people to occupy their properties based on the immigration status of the occupiers.  Landlords will have to check the status of the prospective tenants and other authorised occupiers to ascertain whether those parties have the right to occupy the premises before granting a tenancy.  Landlords must also ensure that someone’s right to occupy the premises does not lapse.  Breaching the prohibition could lead to a civil penalty of up to £3,000.

This scheme has been piloted in the Midlands and will now be rolled out to the rest of the UK from 1 February 2016.

The Government has published ‘A short guide for landlords on right to rent’ to assist landlords, home owners and letting agencies carry out the necessary right to rent checks. It contains guidance on who must make the initial checks, how to carry out these checks and when repeat checks are required.

If you have any further questions in relation to the introduction of The Immigration Act 2014 to the private rented sector, please do not hesitate to contact Rob Cooke.

Rob is a Director of Lupton Fawcett specialising in all aspects of Landlord and Tenant Law.

Please note this information is provided by way of example and may not be complete and is certainly not intended to constitute legal advice. You should take bespoke advice for your circumstances.

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