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ARTICLE · 28 JUNE 2016

The Right To Rent

Gowling WLG
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Following a pilot scheme run in the West Midlands from 2014 which launched measures under the Immigration Act 2014 the new law now applies to all private landlords across England granting tenancies on or after 1 February 2016.

United KingdomReal Estate and Construction
Claire Williams
Claire Williams
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Following a pilot scheme run in the West Midlands from 2014 which launched measures under the Immigration Act 2014 (the Act) the new law now applies to all private landlords across England granting tenancies on or after 1 February 2016.

Purpose of the Act

The Act aims to tackle illegal immigration in privately rented accommodation through compulsory document checks on an occupier's identity and immigration status by landlords or agents. A contravention of the regulations without one of the statutory excuses may result in a civil penalty.

Landlords and agents need to be aware of the nature of a residential tenancy agreement as defined in the Act. It is an agreement that grants a right to occupation of premises for residential use as a main or principal home and includes an agreement to enter into a tenancy. A "tenancy" includes sub-tenancies, licences and leases for a term of less than seven years.

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