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Written by Emma Lunn

Landlords should prepare to implement Home Office guidelines on immigration checks on tenants even though the pilot scheme is restricted to one region of the country, according to a leading lettings agent.

Lisa Simon, head of lettings at Carter Jonas, says the announcement that immigration checks by landlords will become mandatory in the West Midlands on 1 December is no reason for landlords in other parts of England to relax.
 
“While the West Midlands will be the trial area, there’s already been confusion over issuing guidance and the start date. Landlords who think they are unaffected cannot afford to be complacent as they’re not off the hook because there is no confirmed timetable for bringing checks to other areas,” she warned.
 
“Landlords should read the Home Office code of practice, worryingly still only a working draft when a definitive guide should have been in place for the launch of the scheme. They should familiarise themselves with what it sets out and make sure they are prepared. There’s already been confusion with the government issuing guidelines, withdrawing them, and reissuing them unchanged in the space of 24 hours.”
 
The new law will mean private landlords will have to check the right of prospective tenants to be in the country if they want to avoid potentially being fined up to £3,000. Landlords will need to see evidence of a person’s identity and citizenship - for example, a passport or biometric residence permit.
 
The Home Office says that in most cases landlords will be able carry out these checks without need to contact immigration officials. Copies of the documentation will need to be taken as evidence the checks have been carried out and retained for one year after the tenancy ends.
 
The Home Office case-checking service will be used for status verification where the prospective tenant has an outstanding immigration application with the Home Office or the Home Office has their documents. This service will in theory provide a clear yes/no response within two working days.
 
If a landlord has not had an answer from the Home Office within two working days, they can go ahead and rent without risk of incurring a penalty. Landlords will only have to conduct checks on new, and not existing, tenants from the implementation date.


 

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