IMPORTANT UPDATE - The PIMS Tenancy Agreement for New or
Renewing Tenancies has been updated to comply with the Tenant Fees Ban ENGLAND from June 2019
Wales Legislation Pending
Any landlords that fail to properly follow this instruction to the letter will be prosecuted, research carried out by an association of landlords has found that only 20 per cent of landlords feel that they can confidently carry out the correct procedures.
Richard Lambert CEO of a Landlord's Association, said: “Landlords are rightly nervous about having the responsibility for verifying an individual’s right to remain within the UK thrust upon them, and this unfortunate situation demonstrates exactly why that is. Whether Mark Harper would or would not have fallen foul of his own policy, he is right to say that, as the immigration minister, he should hold himself to a higher standard.
“If he could not reach the right conclusion on an individual’s immigration status, even after months immersed in the detail, what chance do landlords have of getting it right, especially when they’ll need to verify their tenants’ status regularly? You simply couldn’t make it up.
“We said from the start that the system must be simple, straightforward and easy for landlords to use and understand. The government must look again at what it is asking and give some serious reassurance to landlords across the UK that they won’t be punitively penalised should they find themselves in a similar situation of doing almost nothing wrong.”
Immigration Act revised 2016 should a landlord or letting agent fail to ensure ALL tenants/occupiers have a righto reside for the duration of the tenancy then they may be fined £3000 for each breach. The Secretary of State may instruct the landlord to remove such persons without the need of a court order by way of reasonable force
Labour market enforcement - restriction on illegal migrants to work. A labour market enforcement undertaking (an “LME undertaking”) is an undertaking by the person giving it (the “subject”) to comply with any prohibitions, restrictions and requirements set out in the undertaking
Under section 42 of the County Courts Act 1984 it is possible for the Court to transfer a matter from the County Court to the High Court for enforcement but leave (permission) of the Court is required first. The transfer time varies from court to court and can take up to 28 days, but normally takes far less. An application to seek permission can be made either at the time of making the possession claim or after possession has been ordered.