The Right to Rent checks were introduced in February 2016 via the Immigration Act which requires landlords to verify their tenants right to rent in the UK before signing the tenancy agreement. Under the current scheme landlords who do not comply are liable to pay a civil penalty of up to £3,000 per illegal migrant tenant, but from the 1^st December new criminal penalties will come into force.

There will be 4 new criminal offences for landlords who fail to complete the right to rent checks or fail to take steps to remove illegal immigrants including a financial penalty, up to 5 years in prison and further sanctions under the Proceeds of Crime Act.

The new legislation also includes provisions making it easier for landlords to evict tenants where they have no right to rent in the UK, in some cases without the need for a court order. The Minister for Immigration, James Brokenshire stated “We know the vast majority of landlords are diligent in their responsibilities when it comes to their tenants and we want to help them to be able to evict illegal immigrants more easily”.

This legislation forms part of a wider crackdown on illegal immigration and will allow for rogue landlords who knowingly rent to tenants without the right to rent in the UK to be punished accordingly.

The government has produced a Residential Tenancies Factsheet which provides further information on these measures which can be found here.

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