Partner Article

Should landlords be responsible for checking immigration status?

The newly resigned former immigration minister, Mark Harper, caused controversy towards the end of 2013 calling for landlords and letting agents to take on the responsibility of checking the immigration status of potential tenants. We take a look at how this proposed legislation could affect the rental market.

The Bill states that it “…will make it more difficult for illegal migrants to live in the United Kingdom by denying access to the tools of everyday life. That will include giving landlords a duty to check the immigration status of tenants and imposing penalties on rogue landlords, and denying illegal migrants access to bank accounts and driving licences.”

The case is currently up for discussion in the House of Lords and has been questioned by many including Yvette Cooper, the Shadow Home Secretary, who said; “There are countless different documents to show that people are entitled to be here. Will private landlords have to know each one? On some figures, nearly one in five usual residents, including British citizens, do not have passports. What will they have to do to rent a flat?

Towards the end of 2013 there was government consultation on landlords and letting agents accountability when it comes to non-UK citizens. When a tenant wishes to rent a property for three months or longer, the new legislation would call for the landlord or agent to ensure the relevant checks are made into the immigration status of the tenant.

Opposition to these plans includes questions over the ability of landlords to complete these complex checks and determine the authenticity of immigration documents.

There are also fears that there will be discrimination and a lean towards letting properties to UK tenants over international tenants as landlords will not wish to risk large fines of up to £3,000 per tenant. This could cause difficulties for international tenants who are living in the UK legitimately and trying to find accommodation.

It’s difficult to foresee how this bill will impact on lettings agents as it’s currently still in draft form. At Walton Robinson we already have procedures in place which allows us to check the immigration status of a tenant.

For a professional tenant we will obtain a copy of their passport and Visa along with confirmation of their place of employment and bank details, which will allow us to carry out an employment and credit reference check on the tenant. For student tenants, we will again obtain copies of the passport and Visa in addition to a confirmation letter from the relevant University confirming enrolment and duration of study.

With the possibility of this bill looming, it highlights the importance of having a knowledgeable agent on board who is up to date and fully aware of changing legislation.

This was posted in Bdaily's Members' News section by Walton Robinson .