West Midlands announced as first “right to rent” check area

New legislation which will see landlords face fines if they rent homes to illegal immigrants without checking their ‘right to rent’ will be introduced first in areas of the West Midlands.

Immigration and security minister James Brokenshire has announced the new measures in the Immigration Act would be launched in Birmingham, Walsall, Sandwell, Dudley and Wolverhampton, as part of a phased introduction across the country.

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.

Brokenshire said: “We are building an immigration system that is fair to British citizens and legitimate migrants and tough on those who abuse the system or flout the law. 

“The right to rent checks will be quick and simple, but will make it more difficult for immigration offenders to stay in the country when they have no right to be here. They will also act as a new line of attack against unscrupulous landlords who exploit people by renting out substandard, overcrowded and unsafe accommodation.

“Landlords in the West Midlands will have all the advice and support they need in advance of the checks going live on 1 December.”

Landlords will need to see evidence of a person’s identity and citizenship, for example a passport or biometric residence permit.  In most cases landlords will be able carry out these simple checks without the need to contact the Home Office.

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. Children under 18 will not need to be checked.

More information about how to carry out a right to rent check is available online at www.Gov.uk including eligibility for a free online Home Office checking service to confirm whether someone has a right to rent. A helpline (0300 069 9799) is also available.

Commenting on the announcement, David Cox, managing director of the Association of Residential Letting Agents (ARLA) said: “We are pleased the Government has chosen to undertake a pilot project of the Immigration Act requirements before rolling them out nationwide. Reputable letting agents already undertake identification checks on potential tenants and therefore many of these provisions are enshrining best practice in to law. However, it is essential this is robustly tested and any issues corrected before additional responsibilities are placed upon landlords and letting agents across the country.

“ARLA will be ensuring that its members are ready for these new requirements and will be running seminars in the West Midlands over the coming months. ARLA is dedicated to creating a professional private rented sector built on education, development and appropriate regulation. This is another step on that road”.