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UK pilot scheme on checking tenants immigration rights to launch in December

The controversial scheme which means landlords will face fines of up to £3,000 if they do not check that a tenant has the right to live in the UK will be introduced in Birmingham, Walsall, Sandwell, Dudley and Wolverhampton.

According to Immigration and Security Minister James Brokenshire the right to rent checks will be quick and simple, but will make it more difficult for immigration offenders to stay in the country when they have no right to be here.

‘They will also act as a new line of attack against unscrupulous landlords who exploit people by renting out substandard, overcrowded and unsafe accommodation. Landlords in the West Midlands will have all the advice and support they need in advance of the checks going live on 01 December,’ he said.

Under new legislation landlords will need to see evidence of a person’s identity and citizenship, for example a passport or biometric residence permit. ‘Many responsible landlords already do this as a matter of routine, and most legal renters will have the correct documentation ready to hand. In most cases landlords will be able carry out these simple checks without the need to contact the Home Office,’ said Brokenshire.

Copies of the documentation will need to be taken as evidence the checks have been carried out and retained for one year after the tenancy ends. Children under 18 will not need to be checked.

David Cox, managing director of the Association of Residential Letting Agents (ARLA) said it will be running seminars in the West Midlands over the coming months. ‘ARLA is dedicated to creating a professional private rented sector built on education, development and appropriate regulation. This is another step on that road,’ he explained.

‘We are pleased the government has chosen to undertake a pilot project of the Immigration Act requirements before rolling them out nationwide. Reputable letting agents already undertake identification checks on potential tenants and therefore many of these provisions are enshrining best practice in to law. However, it is essential this is robustly tested and any issues corrected before additional responsibilities are placed upon landlords and letting agents across the country,’ he added.
 
Isobel Thomson, chief executive officer of the National Approved Lettings Scheme, said it fully supports measures to ensure that everyone in the UK has a right to be in the country. ‘We will be working with the Home Office on the way in which the new Right to Rent checks will operate and NALS is part of the Minister’s Working Party meeting next week to consider the draft Code of Practice,’ she pointed out.

‘The new requirements must be workable for all parties and must not place undue pressure on agents and landlords to pick up the slack where Border Control measures have failed.  As there will be a cost attached to carrying out these checks there is the risk that it may push up the cost of renting,’ she warned.

‘We will ensure that prior to the launch of the pilot schemes on 01 December our agents and their landlords are aware of their responsibilities under the Act and the penalties for non-compliance,’ she added.
 
Following an evaluation of the implementation in the West Midlands next spring, the Home Office expects to continue with the phased introduction of checks across the UK next year.

The Immigration Act 2014, which became law earlier this year, is a landmark piece of legislation which builds on the Government’s ongoing reforms to make sure the immigration system works in the national interest.

The Act is focused on stopping illegal migrants using public services to which they are not entitled, reducing the pull factors which encourage people to come to the UK for the wrong reasons, and making it easier for the Home Office to remove people who should not be here.

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