Private landlords will be breaking the law if they let to illegal immigrants without first doing checks.
The proposal is part of a consultation on the forthcoming Immigration Bill, now launched by the Minister of State for Immigration, Mark Harper.
Under the Bill, illegal immigrants would not get free NHS treatment and they would be prohibited from renting accommodation in the UK.
Harper said: “The consultation seeks views on the creation of a duty to require landlords to conduct immigration status checks on tenants before providing residential accommodation, with financial penalties for those landlords who let property to illegal migrants having failed to conduct the necessary checks.
“The landlord checking proposal is modelled on the existing civil penalty scheme for employers of illegal migrant workers.”
The proposals have met with a mixed reaction.
Richard Lambert, chief executive officer of the National Landlords Association, said: “The NLA welcomes the Government’s consultation on its plans to require private landlords to check the immigration status of all new tenants.
“If this is to work, it is vital that the system is simple, straightforward and easy for landlords to use and understand.
“It makes sense to base the requirements on the established system used by employers to verify that individuals have the right to work in the UK, not least because there is a clear acknowledgement that employers, like landlords, are not immigration experts.
“They can only be expected to carry out reasonable checks that someone is who they say they are, and that they have the documentation to prove they have the right to be here.”
However, the Residential Landlords Association said that 82% of private sector landlords do not support the proposals to compel them to carry out immigration checks.
It said that the proposal will penalise those legally allowed to stay in the country as rents will rise “due to letting agents ramping up fees to cover the costs of further checks on tenants”.
Alan Ward, the RLA’s chairman, said: “The private rented sector is already creaking under the weight of red tape, so it is little wonder that landlords are so clearly opposed to this flagship Government measure.
“Whilst the RLA fully supports measures to ensure everyone in the UK is legally allowed to be here, this proposal smacks of political posturing rather than a seriously thought through policy.
“For a Government committed to reducing the burden of regulation, it is ironic that they are now seeking to impose a significant extra burden on landlords, making them scapegoats for the UK Border Agency’s failings.”
The consultation runs for seven weeks.
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Comments
What a joke - I agree. They take their money through the various schemes and middle men and then ask LL to do border agency work for them.
It can be easily circumvented by having someone whose details pass test (UK national) turn up for viewing and signing AST. Once a week or so has passed sublet/ let others live. It is ridiculous. Courts will take months to get rid of the people. Just another way for them to seem like they are doing work without actually doing anything. Stamp clerks.
@IHS - Yes, I completely agree with you. And a good agent is invaluable. All you are describing though is the elements of running a business. My point is that letting in general is very light on regulation. Try running a livestock farm or something overseen by the FSA/FCA. That is when businesses 'creak under the weight of red tape'.
@Lets get real - you also need to be able to do credit checks which will help prevent you ending up with tenants who won't or can't pay, a Tenancy Agreement that is worded correctly so that you can enforce possession when you need to, Prescribed Information which contains the right information and is given to your tenants within the appropriate timescale. I agree that setting up a tenancy is relatively simple and you can 'manage' your property if you live close by and have the time and inclination. However many landlords move away or even abroad so cannot visit their properties on a regular basis - it is then that they need an Agent particularly when things go wrong - late rent payment, properties not looked after properly,neighbour disputes, supervision of maintenance and insurance claims etc., etc., that's when the professional Agents earn their corn.
@Nick. I'm not talking about furnished HMO's. Yes, you need an EPC, it costs 50quid and lasts for 10 years. Nothing else on our list is a legal requirement for letting a house on an AST. Lets not big up how complicated or difficult letting property is - its really very simple if you use common sense. From my perspective, I welcome regulation - it deters bad landlords and reluctant landlords.
@ Lets get real- What about the EPC, Interlinked smoke alarms, heat detectors, dry wall lining, Electrical inspections, Fire regulations, Health & safety precautions, furniture needs to have flammable labels, relevant insurance to name a few.... (then your calling people slum landlords, joker!)
Speaking as a landlord, and not a member of the RLA, saying that “The private rented sector is already creaking under the weight of red tape" is utter bullshit and a line that just pansies to lazy landlords. You buy a house, get a gas check, rent it out and secure the deposit. There couldn't be much less red tape. If you rent it out to illegal immigrants, you're an idiot for not doing your home work (or you're a slum landlord).
So its OK for the Gov to let them stay here as illegals but not Ok for a landlord to let to them? Sort the real issue first, the clues in the title!