The checking of prospective tenants’ immigration status by landlords and agents is set to become mandatory in October.

It follows the Royal Assent of the Immigration Bill last week – just days before the Home Secretary ordered an urgent investigation into an immigration documentation scam at the weekend.

Although the checking requirement – which will almost certainly fall upon letting agents who act for landlords – was highly controversial, it forms part of what is now law.

Its aim is to prevent people with no right to be in the UK from accessing private rented housing. The requirement specifically applies to the private rented sector, not the social sector.

Landlords – or their agents – will have to request to see at least one document from a specified list, yet to be published, to confirm if prospective tenants have the right to live in the UK.

The requirement will mean having to check all applicants – for example, birth certificates of those born in the UK, and passports, but checks might have to extend to much more complicated paperwork or its lack.

If the prospective tenant does not have permission to live in the UK and the property is subsequently let, the landlord could be fined up to £3,000.

If a tenant’s right to be in the UK has a time limit, checks must also be made either annually or before the expiry date if that is after 12 months. Failure to carry out these subsequent checks will also attract fines of up to £3,000.

There is also an obligation on landlords – or agents – to report to the authorities any suspicions that tenants might be illegal immigrants.

The landlord’s responsibility to make the checks and face the fines can be transferred to a letting agent, but that must be done specifically in writing – suggesting that agents will have to revisit their standard contracts, terms and conditions.

They will also need to see if their current referencing checks cover immigration status.

Agents and landlords should also be aware of some of the issues surrounding their new responsibility, not least that they could become liable to accusations of discriminatory practice.

There is also concern as to how far the responsibility extends. Lawyer Simon Kenny, of Moore Blatch, says: “If, for example, a landlord notes from the tenant’s visa that he has the right to live in the UK but not to work, does he breach these rules if he is also aware through credit referencing that the tenant works full-time?

“It seems at least possible such a landlord could also be prosecuted in respect of ‘facilitating a breach of immigration law’ in this situation – an offence with a penalty of imprisonment.

“Guidelines are expected to say that a passport will be the main method of checking a prospective tenant’s immigration status.

“There is also likely to be an online checking facility, where the immigration status of a prospective tenant can be found, together with a free telephone checking service.

The Home Office may also confirm that the new system will be piloted in one area before being rolled out across the UK.

A good blog which outlines the main issues is at the link below this story.

However, it was written before any mention could be made of the latest scam, by which immigrants who speak no English can buy, for £500, a certificate saying they have passed a language test.

The false documentation could open the door to British citizenship but as yet there is no advice as to how letting agents or landlords could detect false paperwork.

Home Secretary Teresa May has ordered an urgent investigation.

http://www.propertyreclaim.com/blog/~/Post/38353/Landlords-to-be-responsible-for-checking-immigration-status-of-tenants