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You are here: Home / Your PIMS Renters Rights Journey / Landlord News Important Legislation Changes - Archive pre 2014 / Landlords having to check immigration status or get fined
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Landlords having to check immigration status or get fined

The responsibility will be put on Landlords check the immigration status of migrants who apply for a tenancy. If it transpires the Landlord is letting to persons without appropriate permission to live AND work in the UK then the consequences could be dire
  • Landlords could be face thousands of pounds of fines if they fail to properly check their tenants. To put this into context under comparable employment laws employers can be fined up to £10,000 and to date £65 Million of fines have been levied.
  • If the Tenant residing in your property is deemed to be an illegal immigrant or working illegally the then Tenant may be bailed to remain at the premises and restricted from working so therefore the tenant may have no money to pay to you any rent.
  • The Tenant would NOT qualify for civil rights - so is ineligible for benefits - so the council will not pay any local Housing Allowance and the landlord will NOT receive any rent.
  • STING IN THE TAIL - Failure to comply with the correct eviction procedure means such would be unlawful eviction and contrary to their human rights. The councils will simpy tell the person to stay in the premise until the Landlord gets a Bailiff Order

The only sensible way forward hereafter

  • is have the tenant complete a Tnancy Application Form suitable for Tenant or Guarantor
  • be more diligent in your vetting and you require photo copies [and sight of original Passport, Driving Licence] most forgeries are excellent so how can the laymen be expected to know; but you are able to demonstrated due diligence
  • Request a FREE Tenant Credit Check
  • Always ask for a UK [Ideally England or Wales based] guarantor

ABOUT THE BILL

The Immigration Bill will be looking to bar access to the NHS healthcare to newly arrived migrants in order to cut down the “Health Tourists”. The Government is looking to incur the wrath of the European Court of Human Rights, by closing the “right to a family life” by people trying to stop their deportation.

The Bill is seen as an attempt to stop the swing towards Ukip and win back voters, though it has to be said it could alienate Landlords.
A Tory source said: “For 10 years, we had an immigration system that was completely out of control and that just could not continue
  • “We are making good progress, with annual net immigration down by a third, but there are more measures we need to take. We want to stop people coming to this country who do not contribute.”
It is key for the Tories to implement the legislation as there are huge concerns from the British public around immigration which saw millions of their voters switching to Ukip in last week’s local elections.
 
Although there will be falling migrant numbers by the 2015 general election which will help the Government but there are huge concerns over the restrictions being lifted for Bulgarian and Romanian migrant workers.
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Fit for Habitation|March 2019 The ACT is intended to define minimum standards a rental property MUST be and makes a clearer pathway way for Tenants to be compensated|https://www.pims.co.uk/fit_for_habitation_act_march_2019/ Guarantor|The person who provides a guarantee and promises to make payment good should the person responsible for the agreement fail|http://www.pims.co.uk/guarantors/ MEES|The Minimum Energy Efficiency Standard (MEES) Landlords are charged with the requirement to bring their rental property to a minimum EPC rating of E. Property with F and G rating will effectively be banned from the rental market April 2018 |http://www.pims.co.uk/epc/ Section 11|Section 11 of the Landlord and Tenant Act 1985 places an obligation on the landlord to maintain the structure and exterior of the property, including installations for the supply of water, gas and electricity, heating systems, drainage and sanitary appliances|http://www.pims.co.uk/landlord-section-11-repairs/ serving date|This date is the date deemed received at the property - as an example if posted allow for posting days|/serving-notice-on-a-tenant-delivery-days/ Tenancy Application|The objective of vetting is to empower yourself so you can make an informed decision as to the calibre of the prospective person. Making your decision on facts and figures is invaluable and this is why you should always take references. The application form also provides you with permission to perform credits. This form details all the information you should ever require deal with most eventualities including absconding tenants|http://www.pims.co.uk/doc/57/ Tenant Fees|From June 2019 where renting properties in England gone are the days of charging for admin, letting fees, vetting, references, inventory, check in, check out, cleaning, pet insurance or ANY other fee that is not explicitly permitted within the legislation. |https://www.pims.co.uk/ban_letting_fees_act_2019/