Landlord Voice Magazine July 2015 - Doncaster | Page 4

Right to rent checks could
put landlords at risk

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andlords run the risk of flouting
anti-discrimination laws and
being sued under the 2010 Equality
Act while conducting immigration
checks on tenants, known as ‘right
to rent’ checks.
The checks could technically
breach the Act because landlords
are not permitted to discriminate
by nationality or race when
choosing tenants.
Anne-Marie Balfour, from law
firm Charles Russell Speechlys,
quoted in The telegraph, said:
“Landlords need to tread a
fine line between immigration
compliance and avoiding race
discrimination.”
“An award for ‘injury to
feelings’, for example, would be in
the region of £6,600.
“This places yet more
4 | LandlordVoice | July 2015

They are due to be
rolled out in the rest
of the country in
September.
administrative burdens on
landlords and could lead to
criminal prosecution if landlords
don’t identify an illegal tenant.”
The checks, which were
introduced as a trial in the West
Midlands, mean landlords are now
legally obligated to check the right
of prospective tenants to be in the
country if they want to avoid a fine
of up to £3,000.
They are due to be rolled
out in the rest of the country in
September.

Landlords will need to see
evidence of a person’s identity
and citizenship, for example a
passport or biometric residence
permit, when considering a tenant
application.
A landlord’s responsibility for
citizens of a European Economic
Area country or Swiss nationals
ends once they have confirmed the
tenant’s identification.
The same applies with foreign
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