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Right to Rent offences to come into force from 1 December 2016

The Home Office announced yesterday that the date for new offences under Immigration Act 2016 relevant to the private rented sector in England, will come into force from 1 December 2016.

The new measures follow the introduction of civil penalties created under Immigration Act 2014 and aim to:

  • Make it easier for private landlords to evict illegal migrant tenants.
  • Create new criminal offences for rogue landlords and agents who knowingly, or with reasonable cause to believe, let to illegal migrants.
  • The offences are part of wider Government measures to tackle illegal immigration, and protect public services and access to the private rented sector for lawful residents.

 

Key Points

From 1 December, landlords could be charged with a criminal offence if they know, or have reasonable cause to believe, that they are letting to an illegal migrant.

From 1 December landlords will be able to obtain a notice from the Home Office to end tenancies for occupants with no Right to Rent.

The vast majority of landlords who are found to be renting to illegal migrants and who have not carried out Right to Rent checks, where the scheme has been implemented in their area, will be dealt with under the civil penalty regime. The new offences will be targeted at the smaller number of rogue landlords who are intent on flouting the law.