The Immigration Act 2014

Transcription

1 Landlrds Checks

2 The Immigratin Act 2014 Immigratin Act 2014 Received Ryal Assent n 14 May It will limit the factrs that make the UK an attractive destinatin t illegal migrants and make it easier t remve thse with n right t be here. Amng its prvisins: Banks and building scieties must nt pen new current accunts t persns disqualified by reasn f their immigratin status; Give legislative frce t the plicy f refusing UK driving licences f thse here illegally, and enable existing licences t be revked; Private landlrds are prhibited frm renting accmmdatin t thse with n right t live in the UK; Intrduce a health surcharge t ensure that temprary migrants (e.g. students r skilled wrkers) make a financial cntributin t the NHS. Separate secndary legislatin dubled the maximum civil penalty n emplyers f illegal wrkers. 2

3 Landlrd Checks HELPFUL TO ADD STATS / FACTS? Landlrds shuld check the right t rent t prspective tenants befre letting accmmdatin as their main r nly hme. Ensuring that landlrds undertake the right checks will help us t tackle the prblem f illegal immigratin, rgue landlrds and the explitatin f illegal migrants within the husing sectr. T prevent illegal migrants cmpeting against lawful residents fr accmmdatin. 3

4 What will the checks invlve? In mst cases the checks will be simple and straightfrward, landlrds r their agents will need t check: Evidence f a persn s identity and citizenship e.g. a passprt r ther dcumentatin fr UK and Eurpean Ecnmic Area (EEA) citizens r the bimetric residence permit fr nn-eea citizens. Landlrds will need t retain a cpy f these dcuments as evidence that they have cnducted the checks. Fllw up checks fr temprary migrants. Where an individual cannt prvide evidence: Due t lack f passprt r BRP, refer t list f ther acceptable dcuments; and Where all dcuments are with the Hme Office, use the checking service 4

5 Phase 1 f Landlrd Checks Phase 1 f the Landlrd checks will begin in the West Midlands. Frm 1 st December 2014 landlrds in Birmingham, Walsall, Sandwell, Dudley and Wlverhamptn shuld cnduct right t rent checks. This will prvide an excuse against a civil penalty if they are fund t have let accmmdatin t a nn-eea natinal withut lawful immigratin status. The West Midlands was chsen as the phase 1 lcatin due t its diverse husing and rental market and the size f the ppulatin which is big enugh t mitigate the risk f tenants mving ut t ther areas. The new measures will then be evaluated, and decisins will be made in 2015 abut hw and when t rll the scheme ut natinally. 5

6 Wh is impacted by right t rent checks? Landlrds and ccupants f private rental residential prperties in Birmingham, Walsall, Sandwell, Dudley and Wlverhamptn. New tenancies nly starting n r after 1 st December Checks are nt retrspective Existing tenancies are nt affected as lng as there is n break in the tenancy All adults (aged 18 and ver) living at the prperty whether r nt they are named n the tenancy agreement. Children are exempt but landlrds will need t satisfy themselves that the persn is under 18. 6

7 Wh is respnsible fr cnducting the checks? The persn wh respnsible fr letting the accmmdatin is respnsible fr cnducting the checks. This culd be a landlrd r agent r individual renting ut their spare rm. Landlrds can ask an agent t perfrm the dcument checks n their behalf but they will need t have evidence f this arrangement, in a cntract r written dcument. If tenants sublet the accmmdatin, then they will be respnsible fr the right t rent checks and liable fr any civil penalty. - this applies equally t tenants within private r scial husing 7

8 Hw shuld a landlrd cnduct a check? Step 1 Tenant prvides landlrd / letting agent with evidence f their right t rent Examples f dcuments evidencing a tenant s right t rent 1. Passprt r natinal identify card (British, EEA, Switzerland) 2. Registratin certificate r dcument certifying permanent residence issued by the Hme Office 3. Permanent residence card 4. Valid bimetric residence permit 5. Endrsed passprt t shw n limit, right f abde, indefinite 6. Certificate f registratin r naturalisatin as British citizen 7. Dcuments shwing exempt frm immigratin cntrl 8. Any 2 frm a list f dcuments including full birth certificate, driving licence 9. Valid passprt, BRP endrsed t shw hlder can stay in UK 10. Residence card r derivative residence card 11. Valid immigratin status dcument issued by Hme Office Landlrd / letting agent Retains cpy End f prcess dcuments available? n yes tenant has a right t rent n tenant des nt have a right t rent des tenant have an active applicatin with Hme Office? yes tenant prvides landlrd with their:- 1. Name 2. Date f birth 3. Natinality 4. Hme Office reference number Landlrd requests a right t rent frm the Hme Office (Step 2)

9 Hw shuld a landlrd request a Hme Office check? Step 2 Request fr a right t rent check Landlrds Checking Service landlrd / letting agent GOV.UK request cnduct checks n-line request fr a right t rent check right t rent cnfirmatin (yes/n)

10 Are there any exemptins? Children (under the age f 18 years) Hliday accmmdatin If it is nt the tenant s nly r main hme (N.B. if in dubt, landlrds shuld cnduct the check) Huse guests such as friends r family members prvided that they are nt paying rent r they are nt living in the accmmdatin as their nly r main hme Accmmdatin invlving lcal authrities Care hmes, hspitals, hspices and cntinuing healthcare prvisins Hstels and refuges Student accmmdatin including all halls f residence, any accmmdatin prvided fr students directly by a higher educatinal institutin (HEI), and residency agreements in private residential prperties where the student has been nminated t ccupy the prperty by a HEI. Lng leases granting ccupatin f 7 years r mre (as mre akin t hme wnership) 10

11 What are the penalties fr breaching the scheme? Penalty amunt Level 1 (first breach - minimum) Categry A (ldgers in a private husehld) Categry B (tenants in rented accmmdatin) Level 2 (secnd breach - maximum) ,000 3,000 11

12 Hw will the civil penalty scheme be administered? If a landlrd (r agent) is fund t be renting t smene wh is in the cuntry illegally, the Hme Office may issue a referral ntice utlining: - the details f the case - when the case will be cnsidered - pssible decisin f the utcme The Hme Office will then send an infrmatin request - asking fr further infrmatin and evidence t infrm the decisin If fund liable, the individual will be issued with a civil penalty ntice Landlrd/agent can bject and appeal n the fllwing grunds: - Nt being liable t pay the penalty, e.g. yu are nt the landlrd - A statutry excuse, i.e. yu undertk the prescribed dcument checks - the level f the penalty is t high, i.e. Hme Office has miscalculated the amunt f the penalty by reference t the wrng criteria 12

13 Next steps We have cnvened an expert panel made up f representatives f natinal rganisatins infrmed n husing, letting, human rights and hmelessness. Current attendees are: British Prperty Federatin CRISIS Natinal Husing Federatin Natinal Landlrds Federatin Residential Landlrds Assciatin RICS UK Assciatin f Letting Agent Universities UK Equality and Human Rights Cmmissin Assciatin f Residential Lettings Agent Natinal Assciatin f Estate Agents Natinal Apprved Letting Scheme We have als invited representatives frm the lcal authrities f Birmingham, Wlverhamptn, Walsall, Dudley and Sandwell. 13

14 Where can landlrds/agents/tenants get mre infrmatin? On Gv.uk yu can find the cde f practice which gives detail n the plicy and the backgrund t the legislatin and simple guidance fr landlrds. Yu can als register fr updates t keep updated when further rlluts are annunced. There is a fact sheet and infgraph t dwnlad. This can be distributed amngst yur staff. Yu can als use the right t rent aid n GOV.UK t find ut if yur prperty is affected and hw t cnduct the checks. There is als a Landlrds Helpline fr landlrds and thse with questins (Telephne: ). 14