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Question

Immigration Act and Right to Rent (England)

Right to rent assigning responsibility for any civil penalties

12 Oct 2016 | 2 comments

Two questions sorry:
1. Is it necessary for letting agents to have a clause in their terms of business to assign responsibility for any civil penalties related to right to rent
2. Can you suggest the wording for such a clause please

Answer

2 Comments

  1. guildy

    The legislation provides that the landlord is liable for the checks by default.

    However, the legislation states an agent can conduct the checks (and be liable) where an agreement in writing exists.

    The best place to put the written agreement would be in the terms of business.

    I can’t see this needs to be anything complicated. Something along the lines: the agent agrees to conduct all right to rent checks under the Immigration Act 2014 and will comply with the statutory code of practice.

  2. JungleProperty

    Thank you – there have been some suggestions in recent days that with the forthcoming changes to this legislation letting agents could (in law) be held liable but this may just be some people misunderstanding/mis-quoting the changes as often happens. Thanks again for your amazing support.

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