The Immigration Act 2014 Applies to All Tenancies

The Immigration Act 2014 was introduced as a pilot scheme on the 1st December 2014, in the areas of Birmingham, Sandwell, Wolverhampton, Walsall and Dudley, and applies to all new tenancies from 1st December 2014. As Nock Deighton manage rented properties in Shropshire, Worcestershire and the West Midlands borders, we have taken a keen interest in the new legislation and how this has been handled by our neighbours. The Act requires the Landlord or Letting Agent to conduct ‘right to rent’ checks on ALL adult occupiers of rented properties within those areas, and retain evidence of those checks for a minimum of 12 months. Penalties for non-compliance can range from £80 to £3,000 per adult occupier, depending on the circumstances. The scheme includes all tenancies including leases, licences, sub-tenancies and landlords/occupiers who take in lodgers. Those who may be liable for a penalty include Landlords, Letting Agents, occupiers who sub-let and those who take in lodgers. It excludes social housing, accommodation involving local authorities, company lets, student accommodation (in very limited circumstances) and long leasehold properties. Guidelines are provided on how to conduct checks, and lists of acceptable documents have been made available. Reports of non-compliance should be made to the Home Office. Further Government advice is awaited regarding how and when the scheme will be introduced to the rest of the UK. We aim to keep you informed of any further developments.