Private landlords will have to vet their tenants under new immigration laws announced in yesterday’s Queen’s Speech.
They will be legally responsible for checking the immigration status of potential tenants, with fines running into thousands of pounds for those breaking the law.
The move seems likely to herald a burgeoning industry offering both landlords and letting agents immigration checks – but the Government has come in for robust criticism.
Stephen Thornton, director of external affairs at the RICS, said: “The Government has stubbornly refused to look at introducing better laws to protect both landlords and tenants – it is unacceptable that it expects the property industry to deliver its immigration policy.”
The Residential Landlords Association said that whilst immigration rules need to be enforced effectively, the reality is that tenants living in the UK legally will see rents rise as letting agents ramp up fees to cover the costs of further checks on tenants and to cover the greater risks new laws will bring.
Richard Jones, the RLA’s policy director, said: “Whilst the RLA fully supports measures to ensure everyone in the UK is legally allowed to be here, the announcement smacks of political posturing rather than a seriously thought through policy.
“The proposal will not work in practice. Employers have been required to make similar checks but it has made no real difference to the numbers of illegal immigrants in the country.
“For a government committed to reducing the burden of regulation, it is ironic that they are now seeking to impose a significant regulatory burden on landlords, making them scapegoats for the UK Border Agency’s failings.”
Ajay Jagota, of KIS Lettings in the North-East, said: “How will you stop landlords being left in the ridiculous position of inadvertently discriminating on the grounds of race to be on the safe side?
“This already sounds like another poorly thought-out policy from a government which often looks like they’re making it up as they go along. Longer term I can see this proposal having all the impact of an inflatable hammer.
“As is so often the case with issues like this, the vast majority of responsible, sensible landlords will already be ensuring their tenants have a legal right to live in the UK, as deported tenants tend not to pay their rent. The dodgy landlords who don’t, still won’t.
“Of course immigration is a hugely important issue, as are landlords who put tenants in substandard properties and who line their pockets from people’s misery. This proposal does nothing to tackle any of those issues.”
Stephen Nation, head of lettings at Sequence, said “If it’s to be the responsibility of all landlords to check passports and visas of foreign tenants, that will lead to questions about how equipped an amateur landlord is at carrying out and verifying these checks.
“These proposals are just passing off the onus of implementation of the Immigration Act on to landlords.”
David Brown, of LSL Property Services, warned that more rules forced upon landlords by the Government would act as a deterrent to those who might otherwise invest in the industry.
Only Caroline Kenny, executive of UKALA (United Kingdom Association of Letting Agents), said she was in favour.
She said: “This is a logical step and one that will be positively received by the industry, demonstrating better regulation within the private rented sector.
“For the majority of letting agents, highlighting any immigration irregularities is already usual practice by undertaking thorough identity checks, including taking copies of prospective tenants’ passports, as well as work permits and resident visas where appropriate, which are then presented to their landlord clients for approval.”
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Comments
Hmm things have gone so bad in the country that landlord can just kick international student out of the house without their contract expiring. I was staying in the uni hall before renting a small single room for 6 months in other to complete my dissertation. I have just one month left to finish my studies for me to learn that the care taker wants every tenant to leave the house due to simple reason. That the landlord refuse to repair or maintain the property. Everywhere is leaking when it rains. we are even asked to be cutting the grass at the garden, a lot of abuse which i don’t want to mention. Now i have to be kicked out without no home. when i have paid 455 a month for a small single room post code nw11 9ta. I just know that God is watching you all. No problem. The government preach human right but nothing to show for it. All i have to say to the government is thank you so much for allowing international student to suffer to this extent. Instead of consecrating on my studies i am thinking of where to go. where to sleep. i only have one month left for my contract to finish before going back to my country. At least see my result before going back. The landlord breach the contract and does not care what happens next. Hmm too bad for us. where will i stay this Christmas. London have let me down. After all my suffering doing my Bsc and Masters. At least allow me to finish my Master before sending me to the street. how can i sign another contract for 6 months. when i have just a month to leave. Should i sleep in the street. what a sad story to tell my people. It will be alright one day. UK well done and thank you.
@ Binky
It would be the company's responsibility (IMO)
I am amazed and pleased not to see the apoplectic and short sighted comments I thought would appear here when this story first broke earlier in the week.
All comments about agents already doing it are good to see - just make sure the referencing company uyou use has the right questions on the form. When I looked into that subject generally last year for a detailed journal article the vast majority of them were lacking, including most well known referencers.
I agree with the general comments here - it is just a matter of asking a few questions, which are not racist at all.
It is Landlords not using agents who will get apoplectic about this.
A Loopy
Credit where credit is due Brown was also the most useless Chancellor ever too.
We do checks, you try calling a passport issuing dept and see where you get. Data protection cant discuss. If there not entiled to be here, they should not be here in the first place. Pass the buck.
P.S.
"Back-of-a-fag-packet Cameron has to be the most useless, incompetent PM we have ever had."
That belongs undoubtedly to the last PM, McAvity Brown.
"Back-of-a-fag-packet Cameron has to be the most useless, incompetent PM we have ever had."
So are you looking forward to Ed Millibean being PM? - No, me neither!
Back-of-a-fag-packet Cameron has to be the most useless, incompetent PM we have ever had.
He makes John Major look dynamic ffs.
Nige has my vote next time. Have courage & do it.
@Ray Comer on 2013-05-09 11:59:57
I agree with a fair number of your past posts - but...
Para. 1 Good agents do this already as good business practice. No need for draconian legislation.
Para. 2 As above
Para. 3 They are abdicating their responsibilities -
as usual and not just in property based legislation. Although they are paid well to do the job, at every opportunity they pass the buck to get things done for free. Don't also get me on to the charities that they are harnessing into many other things that are really their responsibility.
I recently had cause to check the validity of a foreign nationals papers. UKBA would not even confirm I was holding a genuine document.
@ ray evans
In fairness Ray I don't think anyone is expecting landlords to become 'immigration experts' but to just carry out a few extra basic checks; at least make an effort to try to find out who the person is.
One doesn't need to be an expert to check whether a passport has a valid visa or to decline someone who can't produce a passport.
This government may not be perfect but they are slowly trying to stop up the gaping holes in our border security created by the last labour government. Closing the gate after the horse has bolted springs to mind.
I see ARLA are noticeable by their absence again.........no meaningful contribution made to an important debate
And if an agent or landlord gets professionally 'conned' - it will happen, they are not immigration experts. Massive fines. This is yet another mish-mash by this useless 'government' who are not protecting the security of the country - as is their prime job to do so. Wake up! stop taking the easy option of agreeing with them.
We have been checking tenants immigration status for some time. Surely this is one of the many checks a responsible letting agent should carry out to ensure they know who is living in their properties?
So what about Company Lets where the tenant can put in various "permitted occupiers" who don't need to be checked? What about someone coming over for a holiday using the UK as a base for 6 months? Was this poilcy thought up over a few beers in the pub on a Friday lunchtime? And why single out landlords? Why not mobile phone sellers and providers? Surely they should have a duty to verify the status of someone who enters into a 12 month (sorry, they don't exist now do they) a 24 month UK telcom contract? FFS - the world's going mad. This plays right into UKIPS hands!
I'm amazed to hear of so many agents and landlords who don't already do this; its hardly rocket science to check a passport for overseas applicants and see if it has a valid visa attached. All the information required to do that can be found on the government website; type of visas, who is able to get one etc.
We make sure the visa is valid for the term of tenancy requested; if it isn't then the tenancy offer is withdrawn unless the Home Office can confirm it will be renewed when due.
We have had the odd 'racist' accusation directed at us for this policy but strangely enough only from the people who have been rejected for not having a valid visa for being in the country.
And I have no problem with reporting them to the authorities either, anymore than I would with reporting a drug dealing tenant to the police. We used to call it doing our civic duty when I was growing up.
I did find an applicants who visa had expired and when I phoned the immigration office they told me not to worry! I took a photo copy of the passport and visa and offered to send this to them and they just were not interested!
Pre tenancy checks fine - as people say, agents/landlords should be doing that in any case, but who is liable for checking the status when the visa, passport, etc, expires.
Or if another family member turns up as visitor who then perhaps stays longer.
Are agents/landlords then expected to reports these 'aliens' to the authorities ??
Devil in the detail
I feel more like a PSCO than a letting agent :-)
Shrewd move by Kenny. She knows this bill will increase landlords' reliance on letting agents. I work in London and most of our applicants are foreign - we are carrying out these checks already, our landlords don't need to worry ....