Failures under beefed-up Right to Rent rules could now result in criminal penalties.

The new regime kicked in yesterday, making it a crime to let to illegal immigrants, whether the agent or landlord has done so knowingly or “with reasonable cause to believe”.

The original civil penalty – a fine of up to £3,000 – is retained for agents and landlords who let properties to people with no right to be in England.

However, under the Immigration Act 2016, agents and landlords could now be prosecuted, with an unlimited fine and prison of up to five years.

The Home Office can force agents and landlords to evict tenants who have no right to rent.

ARLA managing director David Cox said: “New Immigration Act offences for landlords and agents will only be welcome if they achieve the central aim of prosecuting and fining criminal landlords who are supplying substandard accommodation at inflated rents on the peripheries of society’s radar.

“Enforcement is absolutely fundamental to this and sufficient resource must be devoted to following up applications to the landlord checking service which are refused, and ensuring that properties occupied by over-stayers can be made available again as soon as possible.”

Insurance firm Hamilton Fraser has produced a podcast on the new regime, designed to be helpful to agents and landlords.

CEO Eddie Hooker said: “Whilst the toughest sanctions will likely be reserved for unscrupulous landlords and agents who deliberately and repeatedly fail to follow the rules, with so many changes for landlords in the last 12 months, we have genuine concern that even the most diligent could trip up and end up facing a fine if they fail to carry out proper checks.”

Tenant eviction specialist Paul Shamplina, who hosts the podcast, said that to have a defence, agents and landlords must be able to prove they have complied with the requirements.

Under the new Immigration Act, it will also be easier for landlords to evict illegal migrant tenants.

DCLG has published the notice that can be used to end a tenancy where a Notice of Letting to a Disqualified Person has been received from the Home Office to say that all of the tenants are disqualified from renting under Immigration Act 2014.

The form can be accessed at https://www.gov.uk/government/publications/notice-of-eviction-and-end-of-tenancy

The podcast can be linked to here: https://www.mydeposits.co.uk/blogcat/right-rent-need-know