Right to Rent

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An interesting thread over on Landlordzone which I wanted to share with colleagues here: https://forums.landlordzone.co.uk/forum/residential-letting-questions/1009084-right-to-rent-pre-2016

The initial legislation, (Immigration Act 2014) allowed that tenants and others whose occupation pre-dated its introduction were exempt from the requirement and the landlord didn't need to carry out Right to Rent checks in order to maintain a 'statutory excuse'. However, the gist of this thread is that the 2016 Immigration Act has amended the relevant section of the earlier Act so that if the landlord "knows or has reasonable cause to believe that the premises are occupied by an adult who is disqualified as a result of their immigration status from occupying premises under a residential tenancy agreement", then the landlord is committing a criminal offence unless they take "reasonable steps to terminate the residential tenancy agreement ... within a reasonable period". This is fundamentally different and would essentially remove the exemption in these circumstances.

I don't remember reading anything from the RLA about this change, although I admit I may have missed it. What is the RLA view of whether the Act has changed in this way? Did they publish anything? If not, I suggest that this be corrected as a matter or urgency.

22/10/2017 12:40

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Martin Co
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