Under the law, ‘right to rent’ checks must be made on every prospective tenant in England to make sure they have the legal right to live in the UK.
As things currently stand, non-UK nationals have to provide documentation in accordance with immigration laws to show they’re able to legally rent a property. Full information on which documents are acceptable and a step-by-step guide on how to make the checks are available on GOV.UK.
If they have an application or appeal that’s currently with the Home Office, or the Home Office is holding their documents, you can use the online checking service. And for British and Irish citizens who hold a valid passport, you can carry out checks using certified identification document validation technology (IDVT) service providers.
If any tenant is found to be renting illegally, the landlord can be fined up to £1,000 per tenant for a first offence and £3,000 for each subsequent breach, with persistent offenders risking prosecution and jail.
But there are two upcoming changes to these right to rent laws, both of which are set to come into force in 2024.
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A new digital checking system will be introduced
Physical immigration documents are set to transition to entirely digital eVisas by 2024, and this will impact the way landlords and agents conduct right to rent checks.
The Government will shortly be launching a consultation on a new digital checking system, in order to get feedback from landlords on (a) whether they understand the changes and (b) how the changes will impact the way prospective tenants are checked. We’ll bring you full details of the consultation once they’re available.
Given that there are already digital systems in operation for checking UK nationals and also non-UK nationals who don’t hold their own documents, we don’t anticipate this change being a problem for landlords.
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Fines are going to increase dramatically
With Rishi Sunak’s pledge to ‘stop the boats’ amid the ongoing battle against migrants entering the country illegally, the Home Office has decided to hike the penalties for housing illegal immigrants.
The maximum fine for a first offence will rise from £1,000 to £10,000 per tenant and the fine for each subsequent breach will go from £3,000 to £20,000.
Minister for Immigration, Robert Jenrick, has said that unscrupulous landlords who allow illegal renting “enable the business model of the evil people smugglers to continue”, and says that because illegal renting is a significant ‘pull factor’ for migrants crossing the Channel, increasing fines will serve as a deterrent.
But is it really likely to have a significant effect? Ben Beadle, NRLA Chief Executive, doesn’t believe so.
He has said, “By the time illegal immigrants are looking for housing, the boats have already left. The Government is deflecting from the real issues and doing responsible landlords a great disservice by confusing them with criminals harbouring illegal immigrants.”
He went on to suggest that the fear of getting the checks wrong is likely to make some law-abiding landlords more cautious about who they let to. That will inevitably make it harder for some people to find homes – and could include British nationals who have a legitimate right to rent, but just lack the documentation to prove it.
This legislation is expected to be laid before Parliament in the autumn and come into force in early 2024.
Want to know just how much your property could be rented for? Contact your local Your Move branch today.
The Your Move Content Marketing Team
