Landlords to face criminal sanctions in amended Right-to-Rent legislation

Article by Kagowa Kuruneri

Since February 1^st, 2016 Landlords across England have been obligated to ensure that tenants have a right to rent. Failure to fulfill this obligation meant that landlords could face a fine of up to £3,000 per tenant. However as of December 1^st 2016, and under the Immigration Act 2016, landlords, their managing agents, and occupants who sub-let all or part of their accommodation could now face up to 5 years in prison for failing to verify a tenant’s right to rent.

In order to comply with the Right-to-Rent scheme, landlords must:

• Establish that a tenants immigration status meets the requirement to rent a property;
• Verify that the tenant’s immigration documents meet the requirement of those listed under the Right-to-Right scheme;
• In the presence of the tenant, check that the documents provided are genuine;
• Interview the tenant and make reasonable inquiries about who else will be staying at the property;
• Ascertain whether the tenant has a time-limited or continuous right to rent;
• Copy all documents and retain them in accordance with the Data Protection Act 1998;
• Notify the Home Office if the tenant’s circumstances change; and
• Conduct follow-up checks when the tenant’s right to right expires or if there is a new tenancy agreement 

These requirements apply to all new tenants aged 18 and above. It is against the law to only assess tenants you believe are not British citizens. Checks must be made against all tenants regardless of whether or not: there is a legitimate agreement in place; the tenant is named in the agreement; or the agreement is in writing. These conditions also extend to tenants or lodgers who are only permitted limited stay in the UK. In these circumstances checks must be conducted by Landlords 28 days before the start of tenancy. Periodic follow-up checks may also be required thereafter.

Tenants who have had, or who receive Section 8 notices will now have a technical defense in possession proceedings if landlords or their managing agents issue these notices without specifically referring to the right-to-rent scheme under the Immigration Act 2016.

There are some types of accommodation that are exempt from this scheme. To find out more, or if you or anyone you know requires help in this regard please email me or get in touch with us on LinkedIn.

www.gardenhousesolicitors.co.uk

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Tel: 01992 422 128

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Email: info@gardenhousesolicitors.co.uk

The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

Specialist Solicitors in Hertford

Garden House Solicitors in Hertford was established in 2006 by principal solicitor, Patricia Ling.  Since then the firm has gone from strength to strength and has expanded to meet the changing needs of our clients.

We now offer expert advice and assistance in the following areas:

• Personal Injury and Personal Injury Trusts
• Product Liability
• Employment Law
• Commercial and Civil Dispute Resolution
• Landlord and Tenant
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• Making a Will
• Probate and Administration of Estates
• Powers of Attorney (EPA's and LPA's)

We have many clients in Hertford but also across the country.  We measure our success by the fact that our clients come back to us time and time again and they recommend their friends and family to us.  We offer appointments in our office or in the comfort of your own home at a time that is convenient for you.  

For further information on what we can do for you please telephone 01992 422128 or email info@gardenhousesolicitors.co.uk



www.gardenhousesolicitors.co.uk

---

Tel: 01992 422 128

---

Email: info@gardenhousesolicitors.co.uk
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

Rent Arreas and Possession Proceedings

Article by
Kevin Timms

Claiming Possession from Unpaid Rent Arrears

If you are evicting a tenant based upon unpaid rent arrears (2 months/8 weeks), the court will require a statement showing such rent arrears before proceedings are issued and before the court hearing takes place. You must note that in many cases the tenant will not pay the due rent arrears once vacating the property. There are a number of reasons why this may be but generally, if the tenant cannot afford to pay you in the first instance, they will be unwilling and unable to pay once you have possession. However, it is a formal requirement that a statement of account is provided to the court.

How to Obtain Order for Possession - Assured Shorthold Tenancies

Article by
Kevin Timms

The majority of private landlords are leasing their properties to tenants for a fixed period of time under an Assured Shorthold Tenancy. An Assured Shorthold Tenancy allows landlords the right of possession after the fixed term has expired unless there is a reasonable ground to gain possession of the property during the fixed term. The contrast to this being an Assured Tenancy where the landlord does not have an automatic right to possession of the property when the tenancy comes to an end.

As many landlords will know, it is particularly difficult to obtain possession of their property by evicting such tenants when a problem arises, such as unpaid rent or the tenancy coming to an end and the tenant being uncooperative. In the situation where a landlord knows that rent will not be paid, there is an urgency to obtain a possession order so that the landlord may once again return to profit.