Under section 22 of the Immigration Act 2014 a landlord cannot allow an adult to occupy property under a residential tenancy agreement (including as a lodger, licences and sub-lets) unless the adult:
From 1 February 2016, a private landlord must check the immigration status of all prospective tenants over the age of 18 to confirm whether they have the 'right to rent', following a pilot in parts of the West Midlands in December 2014.
It may be established that a prospective tenant has an unlimited right to rent, a time limited right to rent or no right to rent at all. The checks can be done from 28 days before the start of the tenancy agreement and a failure to carry out these checks could result in a fine of up to £3,000.
Landlords can establish a statutory excuse against liability for a civil penalty by making checks on prospective tenants to be recorded within 28 days before the tenancy agreement is entered into.
Landlords will have to:
Full details of what documentation is required can be found in the government's Code of Practice.
This is yet another procedural burden on landlords; it is vital that a landlord is fully aware of their legal obligations to avoid the threat of any significant financial penalties.