The new Immigration Act 2014 which is coming into force this Autumn, requires all landlords to check their tenants' immigration status. They must ensure that any prospective tenants have the necessary eligibility  under the "right to rent" check within the United Kingdom.

The Home Office has just published a factsheet that all landlords must follow or face fines.

The "right to rent" checks are for landlords who have privately rented properties and are for any new tenants, however those tenants that already have tenancy agreements, will not have to undergo the checks.

According to the guidance it states that in the majority of cases, the checks for the "right to rent" status will only consist of making sure  of,  "checking that a prospective tenant has certain documents, like a passport or a biometric residence permit”.

To prove that the checking procedure has been adhered to, landlords will supply photocopied proof of the documents.

The Home Office says that in most cases landlords will not have to contact them, if there are more involved cases then it will assist in the checking procedures.

The launch will be announced in September and initially will be for just one "pathfinder" area within the United Kingdom, followed by a gradual rollout in 2015.

When this happens the Home Office will issue online resources, guidance and "draft" codes of practise. There will be information to help landlords and tenants find out if they have to conduct or expect a check.

Those landlords who fail to carry out the check if applicable can expect to face a fine of up to £3,000.

The Home Office's factsheet states that the checking procedure will be:  “very simple, and in most cases landlords will be able to conduct them without contacting the Home Office.”

They are also attempting to re-assure landlords by claiming that they will produce a very thorough back up set of services to assist landlords in their checking procedures. This will include online resources and they will also be setting up a phone helpline for those landlords that may encounter more complex issues.

The Home Office has already set up a "right to work" check which they say will be very similar to the oncoming "right to rent" check.

Richard Merrick of PIMS says" The new rules have been blasted by the whole sector as being untenable and in effect makes landlords unpaid civil servants.

"Unfortunately despite the Industry's concerns, the government is going ahead with this checking procedure that will be mandatory.

"They defend their actions by stating that 85% of new migrants coming into the country are living in privately rented accommodation and because of the cuts, they are passing this duty of checking onto law abiding taxpayers."