Breaking News – Immigration Act 2016 receives Royal Assent

Right2Rent News

The Immigration Act 2016, which will criminalise Landlords and Agents who fail to adequately carry out right to rent checks, has now received Royal Assent.

 

 

From 1st February 2016, Landlords and Letting Agents who fail to carry out right to rent checks properly are liable to be fined up to £3,000 per tenant. The new Act however goes further – if checks are not carried out in line with the rules, then Landlords or their Agents will be committing a criminal offence which attracts a custodial sentence of up to 5 years imprisonment. See our earlier article on what defences may be available to Landlords.

The government have wasted no time in publishing the first Commencement Order which confirms when certain provisions under the Immigration Act 2016 take legal force. In the first Commencement Order a number of provisions have been timetabled to take legal effect from the 31st May 2016 and from the 12th July 2016, including the offence of illegal working. However the Commencement Order is silent at this stage in relation to the Right to Rent provisions, which means that it is unknown when they will take effect, although the start date is anticipated to be during the course of this year.

Once we have further news about the date that the provisions will come into effect, we will publish a further article. Please note that we still intend to offer our unique service taking on liability for the checks that we carry out even after the new criminal law comes into effect.

For further information please email enquiries@right2rent.co.uk

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Important Update

As of the 1st July 2021 we are no longer able to carry out manual checks on EU nationals to confirm a right to rent.

From 1st July 2021, the majority of EEA citizens will prove their right to rent using the Home Office online service. Those who have made a successful application to the EU Settlement Scheme will have been provided with an eVisa and can only prove their right to rent using the Home Office online service ‘prove your right to rent in England’ available on GOV.UK: https://www.gov.uk/prove-right-to-rent.

To prove their right to rent from 1st July 2021, individuals will provide landlords with a share code and their date of birth which will enable landlords to check their Home Office immigration status via the online service available on GOV.UK: https://www.gov.uk/view-right-to-rent.

We are still able to carry out manual checks for non EU nationals and family member of EU nationals in some instances, if you are unsure whether your prospective check meets this criteria please contact right to rent at enquiries@right2rent.co.uk.