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Get ready for right to rent: Landlords could be fined £3,000 for failing to check tenants' immigration status from February 2016

Published: 02:17 EST, 5 November 2015 | Updated: 02:17 EST, 5 November 2015

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Landlords will need to check the immigration status of any new tenants moving into properties from next February or face a £3,000 fine, the government has announced.

These 'right to rent' rules are set to be introduced for all new tenancy agreements from 1 February 2016 in England.

As well as traditional landlords, individuals who sub-let, and homeowners who take in lodgers, must also check the right of prospective tenants to reside in the country.

Rent checks: Landlords need to check that tenants have a right to live in the UK. Evidence could include a UK passport or Home Office immigration status document

MPs backed the right-to-rent scheme as part of the second reading of the Immigration Bill earlier this month.

Under the scheme, landlords in England must check that any of their new tenants over the age of 18 have a right to remain in the UK and report any suspicions to the Home Office.

The Immigration Bill, currently going through Parliament, will also introduce extra rules making it easier for landlords to evict tenants if they lose or have no right to remain in the UK.

There is an exemption for landlords renting out social housing and student accommodation as long as the local authority or higher education institution has evidence of the individual's right to be in the UK.

ELIGIBLE DOCUMENTS

Landlords will need to check and retain copies of certain documents that show a potential tenant has the right to live in the UK.

These include:

UK passport
EEA passport or identity card
Permanent residence card or travel document showing indefinite leave to remain
Home Office immigration status document
Certificate of registration or naturalisation as a British citizen.

The legislation will also target unscrupulous landlords who repeatedly fail to carry out right to rent checks by making it a criminal offence. This means they could face imprisonment for failing to check on their tenants.

Landlords in Birmingham, Walsall, Sandwell, Dudley and Wolverhampton were the first to be signed up to a pilot scheme in December 2014 and several have already faced fines for failing to comply.

David Cox, managing director of the Association of Residential Letting Agents, said: 'The roll out will continue to help to weed out the minority of rogue landlords who exploit vulnerable immigrants for their own financial gain – as seen during the pilot scheme.

'The Immigration Bill 2015 will further develop these plans when passed next year, through harsher penalties, including criminal offences, aimed at those landlords and unregulated agents that aren't complying with basic laws.

'Implementing the scheme across the whole of England, instead in further pilot phases, will also remove any confusion from landlords and agents about whether they are required to comply.'

However, landlords have been warned that in checking up on tenants, they could potentially be accused of discrimination under the Equality Act.