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Anyone with mixed use premises from 1 February 2016 needs to be complying with the new right to rent legislation or face a civil penalty of up to £3,000.
The Immigration Act 2014 (IA 2014) prohibits private landlords of residential properties from allowing certain people to occupy those properties based on their immigration status. Landlords have to check the status of prospective tenants, lodgers or anyone else in occupation of the property (whether there is a written tenancy agreement or not) to determine whether they have the right to occupy property in this country. They must check identity documents for their validity with the tenant present and take copies whilst ensuring that data protection law is followed.
If the tenant is arranging their tenancy from overseas a landlord must see their original documents before they start living at the property.
Landlords must also make sure that someone’s right to occupy the property does not lapse. If a tenant sub-lets a property without the landlord knowing the tenant is responsible for carrying out the checks and is liable for any penalty if they are not carried out.
For further information please see www.gov.uk/check-tenant-right-to-rent-documents or contact us.
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