A revised code of practice for Right To Rent has been issued to agents and landlords.
This sixth revision supersedes the previous version issued in March 2022, and has been launched this week to coincide with two measures coming into force imminently - the Immigration Act 2014 (Residential Accommodation) (Maximum Penalty) Order 2023; and the Immigration (Restrictions on Employment and Residential Accommodation) (Codes of Practice) (Amendment) Order 2023.
All landlords and their agents in England have a legal responsibility under the Immigration Act 2014 to prevent those without lawful immigration status from accessing the private rented sector.
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Does this mean if we have tenants that are employed by the NHS that we can assume that this government run organisation has carried out their due diligence with the right to reside and indeed work within the UK has been undertaken? Or do we still have to spend funds and time in trying to establish this? Even though our AML platform rarely matches with most foreign nationals first coming to the UK.
I don't think any assumptions should be made at all. You cannot use that as a defence if your tenants are not permitted to reside here or their visas have expired and the NHS failed to do the checks on your behalf.
With a share code and date of birth it takes a matter of minutes and no cost to do the checks on the Home Office website.
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