Posts tagged Landlords Advice
Countdown to Right to Rent as Home Office updates Code of Practice – iConn Property Management, Canterbury0
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
Yet another useful article courtesy of Property Industry Eye, detailing the various identification documents required for all new tenants:
Under Right to Rent, landlords or their agents should check identity documents for all new tenants, and take copies.
The documents include:
- a UK passport
- a European Economic Area passport or identity card
- a permanent residence card or travel document showing indefinite leave to remain
- a Home Office immigration status document
- a certificate of registration or naturalisation as a British citizen
A full list of documents is available here
Agents should bear in mind that the checks should be carried out on all, not just some, new tenants.
There are codes of practice to be followed, including guidance on avoiding unlawful discrimination which was drawn up with the assistance of the Human Rights Commission.
There are four steps involved in making a Right to Rent check:
- Check which adult tenants will live in the property as their only or main home
- Ask tenants for the original documents that show they have the right to be in the UK
- Check the documents are valid with the tenant present
- Make and keep copies of the documents and record the date you made the check
If a potential tenant has an outstanding immigration application or appeal with the Home Office, you can conduct a check on that person’s ‘right to rent’ via the Landlords Checking Service.
Landlords and agents in the pilot area (Birmingham, Dudley, Sandwell, Walsall and Wolverhampton) should continue to make the checks as they have been doing since December 1, 2014.