Landlord Assist said it is concerned that landlords and letting agents will soon be responsible for policing the immigration status of their tenants when the new rules which form part of the Immigration Bill and are due to become mandatory in 2015.
It means that that landlords must carry out certain checks on new tenancy agreements before allowing the tenant to move in. Failure to do so could result in landlords facing a fine of up to £3,000.
‘We are concerned that the new legislation will place unfair burden on landlords. Landlords or letting agents will not be familiar with Home Office documentation, passports for countries outside the EU and therefore could easily be presented with fake or falsified documents which they would be unable to differentiate from the originals,’ said Graham Kinnear, managing director at Landlord Assist.
The government says it will carry out a pilot scheme in one location in the UK in two months' time to check a tenant's right to be in the country. The location is yet to be announced.
It is widely reported that up to 85% of illegal immigrants end up living in privately rented accommodation and the legislation is being introduced to stop rogue landlords letting substandard property to low paid immigrants.
Stephen Parry, Commercial Director at Landlord Assist is concerned about the additional red tape for landlords and their letting agents. ‘Without proper education and training it is not viable to expect landlords and letting agents to be able to robustly police the government’s immigration strategy,’ he said.
‘Agents already undertake identity checks on prospective tenants but to be able to decipher Home Office documentation or visa documents is probably a bridge too far. We accept that agents should make efforts in this respect but feel it is unfair that they can have such a significant financial penalty hanging over them in the event that something gets passed them,’ he explained.
‘It seems logical that if the government wish landlords and their agents to carry out a specific function that they should provide appropriate guidance notes on how to do so,’ he added.
Landlord Assist is also worried that landlords who let their property themselves without the assistance of a letting agent may be targeted by illegal immigrants. A recent report stated that more than a third of these landlords make no checks whatsoever on their prospective tenants.
‘Landlords who don’t use a letting agent to rent out their properties should be mindful that they may be targeted by individuals who do not have the necessary documentation. We urge landlords to be vigilant with this matter and keep a close eye on their responsibilities,’ said Kinnear.
