A private landlord has said that he would not be able to let to his own partner because, although she is legally entitled to be in the UK, she does not pass the Home Office checker.
The landlord, who we have agreed not to name, ran her details through the checker, only to receive back this notice:
“This person can’t rent your property.
“You may get a civil penalty if you still rent your property to someone who isn’t allowed to rent property in the UK.
“You can read the landlord’s code of practice on making checks for more information.”
The landlord told EYE that his partner has lived in the UK for decades and frequently travels in and out without problem.
However, she has never taken UK citizenship and is not an EU citizen.
He said: “Like probably hundreds of thousands of people in the UK, she has what’s called ‘indefinite leave to remain’.
“You used to get it for just remaining in the UK for a few years, so loads of people who originally came on work visas or to do a PhD have it.
“It’s not a permanent right to stay – each time you come back to the UK, they judge whether you have maintained ties such as children or owning property here, and if it’s been over two years out of the country then you probably lose it depending on the exact circumstances and the mood of the immigration official.”
The landlord said it was “ridiculous” for politicians to claim that it is a simple matter to check documents.
He went on: “The only question in the checker that she nearly qualifies under is ‘a current passport endorsed to show that the person can stay in the UK’. Except that this information is not in her current passport, it’s in an old expired one.
“So it comes out as a ‘no’.
“What really bugs me about that question, though, is that the whole point of the checker is to help the landlord determine if the documents represent a right to rent. But in the end it just asks the question back at you.
“How is a landlord supposed to know exactly which stamps qualify a tenant to rent and which don’t? That’s exactly what the Home Office checker should be answering, not asking!”
Comments (6)
I cant believe someone in this situation wouldn’t have thought that:
It is not down to landlords to get this sorted for people. If your partner wants to rent the property they are going to have to jump through all the same hoops as anyone else in this situation. They should get their affairs in order because this could very well be an illegal immigrant that this check was done on. If they cant then they have no ‘RIGHT TO RENT’ These checks have been brought in for the majority and some people feel inconvenienced by this but they will just have to think about what they have done for the last x years.
Just my opinion.
They have jumped in and out of the country and could be stopped from doing this at any point by immigration. What happens to the landlord that signs a tenancy agreement and this person isn’t allowed back into the country?? they could lose a great deal of money. Think beyond yourself, these checks are not good for all but better for the majority.
Does he want to rent to her then?
Anyway agree with Romain indefinite leave to remain means she qualifies. Mybe the issue is that her current passport does not have the important declaration and status her old one did. Why not if she is such a frequent traveller?
And why doesn’t she take out UK citizenship even if on a dual nationality basis?
Story reads more like someone looking for a problem rather than one that exists. And which if it does is partly of their own making for not seeking UK citizenship which if she wants to remain here permanently without problems seems to me to be the obvious solution?
Another piece of Cameron / Osborne Legislation fit for the rubbish bin – not what I voted for, I thought they would be more professional especially as Landlords in general are providing the housing stock that Councils sold off
I don’t want to be the ar$e here, but if she isn’t a citizen of here or Europe, what result were you expecting exactly?
I don’t understand the issue.
If a person has indefinite leave to remain, i.e. permanent residency, then there is no problem.
Simple says Mr James Brokenshire – this suggest it is no so simple after all!