Countdown to Right to Rent as Home Office updates Code of Practice – iConn Property Management, Canterbury
Rosalind Renshaw keeps us all updated with her article for Property Industry Eye;
With landlords and letting agents faced with getting to grips with Right to Rent less than a month away, the Government yesterday updated its statutory Code of Practice.
In doing so, there is still a certain amount of muddle, as the Code suggests there will not be a big bang introduction, but one that will be phased in geographically.
The Code says that the scheme will be implemented “on a phased geographical basis, and will apply to residential tenancy agreements entered on or after the date of implementation for that area”.
However, users are then directed to the Right to Rent website where it says that for tenancies starting on or after February 1, “landlords of properties throughout England should check that someone has the right to rent before letting them a property”.
This morning, a Home Office spokesperson confirmed that the reference in the Code to a phased geographical implementation is both a reference to the pilot scheme in the west midlands, where landlords – or agents acting on their behalf – have had to carry out Right to Rent checks for just over a year and also to the UK-wide roll-out. However, the spokesperson confirmed that Right to Rent goes live throughout the whole of England on February 1.
The Code also clarifies its own legal status, saying: “This is a statutory Code. This means it has been approved by the Secretary of State and laid before Parliament. The Code does not impose any legal duties on landlords, nor is it an authoritative statement of the law; only the courts can provide that.
“However, the Code can be used as evidence in legal proceedings and courts must take account of any part of the Code which may be relevant.
“Home Office officials will also have regard to this Code in administering civil penalties to landlords and their agents under the Immigration Act 2014.”
The Code is here