The Immigration Bill received Royal Assent on 14 May. In doing so it became the Immigration Act 2014.

The Government is making it harder for illegal immigrants to rent accommodation. The Immigration Act 2014 introduced a requirement for landlords of private rental accommodation to conduct checks to establish that new tenants have the right to rent in the UK. Landlords who rent to illegal migrants without conducting these checks will be liable for a civil penalty.

On 29 July, the Prime Minister announced that these requirements will come into force in one part of the UK in late autumn of this year. The Government will announce the location of this first phase in the autumn. The requirements may apply more widely from 2015.

The right to rent checks will only apply to new tenancy agreements. Existing tenancy agreements are unaffected and landlords will not be required to carry out retrospective checks. The requirements apply to all adults (aged 18 and over) living at the property.

Failure to comply could result in a civil penalty up to a maximum £3000.

First Phase

The Government has now announced that the first phase of the landlords' provisions in the Immigration Act will be implemented in Birmingham, Dudley, Sandwell, Walsall and Wolverhampton (but will not apply to Solihull or Coventry). The first phase of the provisions will come into force from 1st December 2014.

Further clarification:

• These checks will only apply to new tenancies from the date of implementation, so there is no requirement to check the immigration status of existing tenants or occupants.

• Checks will need to be made on all adults aged 18 or over who will use the property as their only or main residence.

• The checks will be quick and straight forward to carry out and in most cases Landlords will already be checking these documents to establish a potential occupant's identity.

In most cases, landlords or their agents will be able to complete the checks without contacting the Home Office, by simply requesting and copying documents, which shows that a prospective occupant has a right to live legally in the UK and therefore the right to rent.

Online guidance and a telephone helpline has now gone live (0300 069 9799) to help landlords and tenants understand how these measures apply to them and what is necessary to carry out the checks.

Landlords Guide - right to rent check https://www.gov.uk/government/publications/right-to-rent-landlords-code-of-practice

First published: September 2014

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