Immigration Checks for Residential Tenants

Understanding the immigration checks for residential tenants

Residential landlords and agents are facing yet more onerous obligations with new regulations under the Immigration Act 2014.

The new rules require landlords to carry out pre-letting checks into the immigration status of all proposed occupiers. They are obliged to repeat these checks every 12 months where the evidence obtained shows only a temporary right to remain. Further, records are required to be kept for 12 months afterwards.

If Landlords rent to illegal migrants they could be liable for a fine of up to £3,000 per illegal occupier.

If letting agents agree to carry out the checks on behalf of their landlords, liability for non compliance will pass to the agent.

The new regulations are currently being piloted in the West Midlands and expecting to be rolled out to the rest of the country later this year.