Nov 3, 2016

The Home Office announced that the date for new offences under Immigration Act 2016 relevant to the private rented sector in England, will come into force from 1 December 2016.

The new measures follow the introduction of civil penalties created under Immigration Act 2014 and aim to:

  • Make it easier for private landlords to evict illegal migrant tenants.

  • Create new criminal offences for rogue landlords and agents who knowingly, or with reasonable cause to believe, let to illegal migrants.

The offences are part of wider Government measures to tackle illegal immigration, and protect public services and access to the private rented sector for lawful residents.

Key Points

  • From 1 December, landlords could be charged with a criminal offence if they know, or have reasonable cause to believe, that they are letting to an illegal migrant.

  • From 1 December landlords will be able to obtain a notice from the Home Office to end tenancies for occupants with no Right to Rent.

  • The vast majority of landlords who are found to be renting to illegal migrants and who have not carried out Right to Rent checks, where the scheme has been implemented in their area, will be dealt with under the civil penalty regime. The new offences will be targeted at the smaller number of rogue landlords who are intent on flouting the law.

David Cox, ARLA MD responded: “We are pleased to have a date for implementation; this goes some way towards addressing the issues revealed by Right to Rent checks since their implementation earlier in the year. If these measures prove to be effective in tackling rogue landlords who offer overcrowded and poor quality housing, it will be positive.

“Letting agents need to remember the new rules mean if they do flout the law, their company will be liable to pay a £3,000 civil penalty per occupier who is an illegal overstayer, and they may be personally liable to an unlimited fine, as well as the potential of up to five years in prison.”

If you are thinking about renting out your property then give us a call on 0121 448 5190 or alternatively drop us an email at info@harveyvictoria.co.uk. Harvey Victoria is regulated and authorised by ARLA.