From 1 February 2016, anyone letting property in England for money will be prohibited from letting it to a person who does not have a “right to rent” in the UK. In other words, to an illegal immigrant.
Anyone who breaches this requirement will be fined up to £3,000 for each illegal immigrant in their property. The only way to be sure of avoiding the penalty is to establish and maintain a “statutory excuse” by checking certain specified documents and keeping copies of them. If those documents demonstrate a right to be in the UK for a limited period only, they must be re-checked periodically.
However, the government has made little effort to communicate these new obligations to landlords. Even worse, they also apply to people letting a lodger stay in their own home and even to tenants letting a room in their property. In fact, any occupancy by a person who is living there as their main home is captured by the legislation. The level of awareness in these areas is even lower.
The checking process is also complex. A landlord must either see a passport or identity card from a European Economic Area (EEA) country, a passport with a visa showing a right to rent in the UK, an asylum seeker identity card endorsed with a right to rent, or two documents from a list of other options for those who do not have passports. However, even seeing a passport can be uncertain. There are more than 30 types of UK passport currently in circulation, to say nothing of the passports and ID cards from other EEA countries. I have yet to meet a landlord who knows what a Liechtenstein passport should look like. Landlords will need to be able to pick the valid ones from the forgeries.
Currently these provisions only apply in England. The government has suggested that they should apply in the devolved regions, but their governments do not appear to agree. This robs the rules of any effect they may have, as substantial parts of the UK simply don’t have the same restrictions. Any illegal immigrant seeking to avoid the checks can simply rent in Wales, for example.
Where a landlord is not able to confirm a tenant’s status on a re-check then they must report that person to the Home Office. What the Home Office will do about it is yet to be seen. Once a landlord has reported someone it is unclear whether they will be removed from the property, or whether the landlord must continue to let to them knowing that at some stage they will be removed and deported, leaving an empty property behind them.
To add to the uncertainty, the immigration bill currently in parliament will add criminal penalties, including five-year jail terms, to the current fines. The role of landlords on the frontline of immigration control is only just beginning.
David Smith is partner and head of operations at Anthony Gold Solicitors
Sign up for your free Guardian Housing network newsletter with news and analysis sent direct to you every Friday. Follow us: @GuardianHousing