Landlord Voice Magazine April 2015 - Manchester | Page 6

any liability for failing to make sufficient checks. Again, this agreement
should be made in writing.

made not more than 28 days before
the residential agreement commences and landlords will need to
conduct follow-up checks.

Landlords should agree timescales
with their agents for the checks
and any reports to be made back to
them and if a sub-letting arrangement is in place the agreement
should set out whether a report
should be made to the superior
landlord or the sub-letter.

“Liability for a
penalty lies with a
landlord if they fail to
act on notification by
an agent that their
tenant does not have
the right to rent”
When a rental property changes
hands with tenants already residing
in it, the new landlord should ensure document checks have been
made by the previous landlord
and keep evidence to prove it. A
new landlord must also be certain
of whether follow-up checks are
needed to fulfil the requirements of
the law.
If a tenant had no legal Right to
Rent at the time of the original tenancy agreement the previous landlord would be liable for any penalty,
but if the right to rent has elapsed
since a property changed hands
and its new landlord has failed to
make follow-up checks they will be
liable to a penalty.

How can landlords protect
themselves against a fine
under the Immigration Act
2014?
There are five stages to conducting
a Right to Rent check:
Page 6

Once an occupier’s right to rent has
been officially established a landlord will be protected from a penalty for 12 months or until the expiry
of their tenants leave to remain in
the UK, whichever comes later.

The depth of enquiry made into occupancy numbers depends on the
specific situation, but a landlord
should consider whether the number of adults named matches the
type and size of property. Landlords
should keep a record of enquiries
made and the responses they receive.
The scheme applies only to adults
aged 18 years or over. Landlords
should ask for documentary proof
of age and keep a copy in case occupiers claim to be children to gain
exemption from the scheme.
Landlords must confirm that their
rental property will be the occupier’s main home. If an occupier lives
between multiple homes a landlord
would need to be sure that personal or family ties to their property are
sufficient to enable the occupier to
meet the criteria.
Indicators include whether they
keep most of their belongings and
receive post there or whether their
partner or children live there. If a
landlord believes an occupier will
not be using as property as their
main address they should keep a record of the address which they do
use as their main home.
If a tenant’s immigration status
is time-limited, checks should be

Cover for a wide range of tenant and property
types

Follow-up checks should be made
28 days before this expiry date. A
list of documents which can be
used to establish protection from a
penalty under the Immigration Act
2014 can be found by viewing the
Code of Practice on illegal immigrants and private rented accommodation.

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If follow-up checks show an occupier no longer has the right to rent,
landlords should make a report to
the Home Office as soon as possible and before their time-limited
statutory excuse against a penalty
expires.

Legal & Professional Fees & Home Emergency
options for extra protection

The report must be made in writing
and should include:
•
•
•
•
•
•

Full name of the occupier believed to have no right to rent
Address of the premises they
are occupying
Name and contact address of
the landlord
Where relevant, the name and
contact address of the agent
Date on which the occupier first
took up occupation
Copies of the documents kept
by the landlord when undertaking the initial right to rent
checks in respect of the occupier

If you found this guide useful please
visit our news section for more helpful tips and advice.

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