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New rules for landlords relating to illegal immigrants

Posted by
18 Aug 2015
A change is being planned within the rental sector that would see landlords be liable for renting to illegal immigrants beyond the point they know it the situation exists. Said to be coming in response to the latest immigrant crisis in Calais, Theresa May announced recently that new changes are underway in relation to landlords and their rights of eviction over illegal immigrants.

Called the Right to Rent Scheme, under the new legislation the Home Office will write to landlords of tenants who have applied for asylum and been rejected. Once a person's claim is rejected it will now trigger an administrative follow up that sees letters sent to the landlords of rejected asylum seekers, telling them to evict the tenants due to their right of residence being taken. The landlord then would be required to evict the tenant and would not have to go to court to obtain any type of eviction. Failure to comply with the law for the landlord can result in a high money fine and up to five years imprisonment under the Proceeds of Crime Act.

A database is proposed to be put together with names of landlords and estate agents who flout the rules and do not comply with the new regulation, which in turn will allow the government to focus their immigration efforts within this pool to more accurately pinpoint where such cases may be found.

The new regulation would also allow the councils to claw back any monies paid to these landlords within individual cases where it is found that the landlord allowed the tenant to remain and accepted rent payments after the stage where the Home Office has written to them.

The scheme is currently being rolled out in the West Midlands and will run for a trial period in that region before being introduced into other parts of the country.

Under the change, landlords would still pick up the costs of eviction and further administrative checks before they rent the properties will be required.  Again the landlords face the headache of the changes.

How do you think the new legislation will impact the legal landscape? I'd love to hear your thoughts on the issue in the comments section below...
Tagged In: Events, Legal, Market trends
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