Please Note: This Article is 3 years old. This increases the likelihood that some or all of it's content is now outdated.

Over ninety per cent of landlords have received no information from the Government on immigration policy and their new legal duty to check the immigration status of their tenants.

This is despite a law coming into force today forcing landlords to undertake checks on their tenants to ensure they have the right to live in the country.

According to a survey of over 1,500 landlords, carried out by the Residential Landlords Association (RLA), the lack of information from the Government is leading to confusion about how landlords are expected to carry out the checks.

The survey found that that 72% of landlords do not understand their obligations under the policy, designed to make the country a more hostile environment for illegal immigrants.

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The result will be that many landlords are unlikely to rent to those who cannot easily prove their right of residency. The survey also found that 44% of landlords will only rent to those with documents that are familiar to them: this will cause serious problems for the estimated 17% of UK nationals without a passport. This is likely to be a higher proportion of young people and the less well off.

The RLA is calling on the Government to undertake a more thorough evaluation of the impact of this policy, known as ‘Right to Rent’ in the West Midlands where it has been piloted, before rushing into rolling it out across the country.

The evaluation of the pilot scheme noted that there was only “limited evidence” that it was deterring illegal immigrants from seeking to access rental housing.

Commenting, Dr David Smith, Policy Director for the RLA said:

“The Government argues that it’s ‘right to rent’ plans form part of a package to make the UK a more hostile environment for illegal immigrants. The evidence shows that it is creating a more hostile environment for good landlords and legitimate tenants.

“Landlords are damned if they do and damned if they don’t. Fearful of a fine they face two difficult ways forward.

“They can play it safe, and take a restrictive view with prospective tenants, potentially causing difficulties for the 12 million UK citizens without a passport. Alternatively, they may target certain individuals to conduct the checks, opening themselves up to accusations of racism.

“The Government’s own evaluation of its pilot scheme noted that there was only limited evidence that the policy is achieving its objectives. Given the considerable problems it will create for tenant-landlord relations it’s time for the Government to think again.”

  •  The RLA represents 40,000 private sector residential landlords in England and Wales.
  • Details of what the Government now expects of landlords can be found here
  • The 2011 census (details at here) noted:

“The 2011 Census collected information for the first time on passports held. This can be an indicator of nationality. Eighty three per cent (46.6 million) of usual residents had at least one passport and 17 per cent (9.5 million) usual residents did not have a passport.”

  • The Home Office assessment of the impact of its Right to Rent scheme in the West Midlands pilot area can be found here  Page 25 reads:

“There was some limited evidence emerging from the focus groups that illegal migrants’ access to the private rental sector in the phase one area was being restricted.”

Page 5 reads: “Before the scheme 51 per cent (18 out of 35) of landlords always requested photo ID while 31 per cent (11 out of 35) said that they never requested this. Since the scheme has been introduced the proportion of landlords always requesting photo ID increased to 81 per cent (26 out of 32) with a corresponding decrease to 6 per cent (2 out of 32) never requesting photo ID.

It appears that some landlords and letting agents may be routinely asking all prospective tenants to provide a passport, which was reported to have caused some issues for a small number of British citizens. This was largely mentioned by landlords and letting agents in the focus groups rather than by tenants. Landlords and letting agents said that this had led to some delays with new tenancies and some frustration from prospective tenants.”

Please Note: This Article is 3 years old. This increases the likelihood that some or all of it's content is now outdated.
©LandlordZONE® – legal content applies primarily to England and is not a definitive statement of the law, always seek professional advice.

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