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Positive Right To Rent Notice from Home Office

A landlord must obtain a positive right to rent notice from the dedicated Landlord Checking Service where the occupier or prospective occupier informs the landlord or agent that- they have an outstanding application to vary their leave to enter or remain in the United Kingdom, or have an administrative review or appeal pending against a ...

Validation, Copying And Retention

After a document from list A is obtained or two documents from list B are obtained, the landlord or agent must take steps to verify the document(s), copy and securely retain them. Validate The landlord or agent must: take all reasonable steps to check the validity of the document; if a document contains a photograph, satisfy themselves ...

Obtain Original Versions Of One Or More Of The Acceptable Documents For Adult Occupiers

Once the adults who intend to occupy has been established, original versions of certain documents must be obtained by a landlord or agent from each prospective adult occupier. The documents required are contained in schedule 3 to The Immigration (Residential Accommodation) (Prescribed Requirements and Codes of Practice) Order 2014. Only one ...

Establish the Adults Who Intend to Occupy

It is essential that landlords and agents have a system in place to check who is proposing to occupy the premises and the questions asked are recorded. This is to ensure the landlord or agent knows which adults to obtain documents from. It is an offence under section 22 to allow adults to occupy if they are disqualified as a result of their ...

Prescribed Requirements for Immigration Act 2014 and Right to Rent

As discussed above, even if a tenant shouldn't have been granted a residential tenancy, the landlord (or agent) will nonetheless have an excuse not to pay the penalty imposed (up to £3,000) if they complied with the prescribed requirements. A landlord or agent is deemed to have compiled with the prescribed requirements if the landlord or ...

Letting Agents and Immigration Act 2014 Right to Rent

The duties apply equally to any person letting property whether they be a landlord or a letting agent. However, where a landlord uses a letting agent, the whole duty (and therefore liability if a problem is later found) can be passed to a letting agent by way of a written agreement. An agent is responsible for a landlord's contravention if ...

Immigration Status And The Right To Rent

Chapter 1 of Part 3 Immigration Act 2014 provides in section 22(1): A landlord must not authorise an adult to occupy premises under a residential tenancy agreement if the adult is disqualified as a result of their immigration status. A landlord or agent is deemed to have authorised occupation if there is a contravention of any one of the

Introduction to Immigration Act Right to Rent

We have previously reported about the Immigration Act 2014 which is to be launched as a pilot in Birmingham, Walsall, Sandwell, Dudley and Wolverhampton from 1 December 2014 and then rolled out nationally perhaps spring 2015 (no dates for the further rollout have been announced). The legislation will require landlords to check the immigration

Registration and Licensing In Wales – Housing (Wales) Act 2014

As previously reported, the Housing (Wales) Act 2014 (the "Act") received Royal assent in September. A commencement date has not been announced yet but it's possibly autumn 2015. The Act is a means of ensuring the registering and licensing of all landlords and agents who let or manage property in Wales. Whether a licence is required or simply

Our Property Management Arm Has Joined A Redress Scheme

As many are aware, not only do we run the Guild of Residential Landlords but we are also a landlord too. Further, we manage my parents properties and another 2 properties are managed on behalf of other clients. This means that our property management business even though it doesn't really earn much still needs to be registered with a redress ...