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Landlords’ obligations to check tenants’ right to rent

If you intend to create a tenancy (or sub-tenancy) on or after 1 February 2016, you have a duty to undertake identity checks to ensure that a tenant or lodger has the right to rent in accordance with the Immigration Act 2014, whether there is a written tenancy agreement or not (subject only to very limited exceptions). This duty has been in force since 1 December 2014 in respect of properties in Birmingham, Walsall, Sandwell, Dudley and Wolverhampton. The checks must be carried out within the 28 days before the…

Immigration Act 2014 – Tougher responsibilities on landlords

Earlier this year the Government's bill to tackle immigration was passed. The Immigration Act 2014 ("the Act") broadens the policing on immigration by placing additional responsibilities on the public at large, and more precisely on landlords. Under the Act landlords will be expected to examine if a prospective tenant has the right to be in the UK. If a landlord is found renting a property to an illegal migrant without carrying out the necessary checks that is expected of them under the Act they may find themselves liable for a…

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