Right to Rent will NOT be rolled out nationally until pilot is evaluated

The timetable for rolling out Right to Rent – the requirement by landlords or their agents to check the migration status of tenants – remains unknown.

Although David Cameron said only recently that the scheme would be rolled out nationally, ahead of the results of a pilot currently being conducted, one of his ministers has now said otherwise.

The minister has also clarified who is responsible for immigration checks when the tenant sub-lets to others.

In the Commons, Tory MP Charlotte Leslie (Bristol North West) tabled a written question asking what steps the Home Office is taking to ensure that letting agents are able to verify the immigration status of tenants who are sub-letters.

James Brokenshire, the minister of state for immigration, replied: “The system of right to rent checks which we introduced through the Immigration Act 2014 enables a landlord to delegate the responsibility for conducting a check on a tenant’s status to a lettings agent, together with any associated liability for a penalty.

“Where a tenant sub-lets the accommodation to another person, the legislation provides that the tenant is responsible for conducting a right to rent check, and liable for any penalty for not doing so, unless it has been agreed by both parties that the check will be performed by the landlord or an agent.

“Full guidance for lettings agents on how to carry out checks is available online and through a free telephone helpline.

“The first phase of the scheme is in operation in Birmingham, Walsall, Sandwell, Dudley and Wolverhampton and is currently being evaluated before it is extended to the rest of the country.”

Brokenshire’s reply looks to be in contrast to what Cameron said last month, when he suggested that a national roll-out of the scheme would go ahead, in advance of an assessment of the pilot.

Cameron said: “There are other ways we can identify those who shouldn’t be here, for example through housing. For the first time we’ve had landlords checking whether their tenants are here legally.

“The Liberal Democrats only wanted us to run a pilot on that one. But now we’ve got a majority, we will roll it out nationwide, and we’ll change the rules so landlords can evict illegal immigrants more quickly.

“We’ll also crack down on the unscrupulous landlords who cram houses full of illegal migrants, by introducing a new mandatory licensing regime. And, a bit like ending jobs when visas expire, we’ll consult on cancelling tenancies automatically at the same point.”

Brokenshire’s reply may or may not be a U-turn, but it certainly looks to be the second clarification of Cameron’s remarks. It took the Department for Communities and Local Government over a week to say that the “new mandatory licensing scheme” would actually be an extension of the existing HMO regime.

However, there has yet to be any clarification of the “change of rules” which will allow speedy evictions of illegal immigrants.

* Eye would be particularly interested to hear from agents in the west midlands who have experience of Right to Rent, as we feel this would be of help to others in the industry in terms of knowing what to expect in the way of any delays or problems. Please email: ros@propertyindustryeye.com

The government guidance is here

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3 Comments

  1. Will

    So Cameron & Brokenshire have previously suggested it is going to happen come what may tends to imply the decision has been made and now all they need to do come up with the justification from the trial results – Sounds like normal politicians to me! None of this will stop the rogue landlords but will, as usual, lead to more time and money wasted doing the Immigrations Departments job for them. No doubt the costs to landlords will filter through to higher rents as costs will be passed down the line. Alternatively some Landlords might withdraw from the market and the reduction in supply will inevitably drive rents higher. Political idealism at work. Simple answer get immigration to perform their function. Make it illegal for foreign nations not to carry their passports/id and if they don’t have it automatic removal – no more excuses by illegals destroying their papers to avoid removal.

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  2. singlelayer

    Whilst I agree with your general premise, what to do with someone who HAS destroyed their papers? Lock them up indefinitely or deport them…but to where?

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  3. Will

    DNA testing  often reveals country of origin or yes lock them up. Why should people be allowed to abuse the system deliberately? Just letting them carry on is  wrong as they are law breakers and  by allowing them to continue (as a result of them destroying their papers) makes a mockery of the law. If they are genuine refugees they can come in by obeying the law and going through the right processes as the rest of us are expected to. This may sound harsh but as a result of the situation ALL Landlords are having to invest part of their profits (or tenants will pay more) in policing these people and if you get it wrong a big fine or imprisonment! So where is the justice?

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