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Criminal Sanctions are Being Introduced for Landlords that Fail to Comply with ‘Right to Rent’ Obligations – Are You Ready?

on Friday, 11 November 2016.

Under the Immigration Act 2014, landlords must not permit adults to occupy a property as their only or main residence under a residential tenancy agreement unless they:

  • are a British citizen
  • are an EEA or Swiss national
  • have a ‘Right to Rent’ in the United Kingdom - a person has a ‘Right to Rent’ if they are legally present in the UK

Landlords must check and make copies of original identity documents belonging to all new tenants (even if they are not named in any written agreement) to ensure that they have a ‘Right to Rent’. If a tenant’s permission to stay in the UK is time-limited, the landlord must check their immigration status annually or before the ‘Right to Rent’ expires.

At present, landlords can be fined up to £3,000 per illegal tenant. However, from 1 December 2016, landlords who permit tenants without a ‘Right to Rent’ to occupy their properties could face up to five years in prison, unlimited fines and possible sanctions under the Proceeds of Crime Act if they and they knew or had reasonable cause to believe a tenant did not have a 'Right to Rent'.

Landlords will have a defence if they take reasonable steps to terminate a tenancy once they become aware that tenants do not have a ‘Right to Rent’. New provisions coming into force will empower them to evict tenants on 28 days’ notice if they have been notified by the Home Office that the tenants are not legally present in the UK.

If you are a landlord, it is crucial that you protect yourself by checking the identities of all new tenants before you permit them to occupy your property and take action quickly if you discover that your tenant no longer has the right to live in the UK.

For further information, please see the Home Office’s Code of Practice on illegal immigrants and private rented accommodation.


If you have any concerns or wish to discuss any of these issues, please contact Lorna Graham in our Commercial Property Law Team on 0117 314 5409.