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Right to rent and immigration inspections

Right to Rent

The Right to Rent requires landlords to check identity documents for all new tenants and take copies.

A wide range of documents can be used for the checks, and the Government has worked closely with housing and homelessness charities to design a document list which can accommodate different individual circumstances. This includes where people do not have traditional identity documents such as a passport.

There are resources available to help landlords comply with these rules, including an online checking aid which landlords can use to guide them through the process and to request a check on anyone who has an outstanding case with the Home Office. 

For more information about making the checks go to www.gov.uk/righttorentchecks

Immigration Act 2016

The Home Secretary announced on 4 October that provisions in the 2016 Immigration Act relevant to the private rented sector will be brought into force across England. Today, we can announce that, as of 1 December 2016, these two further measures will come into force. They will:

  • 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 measures demonstrate the Government’s commitment to tackle illegal immigration, and its determination to take the necessary steps to protect public services and access to the private rented sector for our lawful residents. Today, we are sharing the news of this implementation date with you and the key points below.

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 can end tenancies for occupants with no right to rent.
  • For details of these specific measures, please visit the Residential Tenancies fact-sheet available on Gov.uk
  • For information on the wider Immigration Act measures, please visit the Immigration Act page on Gov.uk.

Further information about both provisions will be made available on Gov.uk between now and December.  If you have any further questions you may refer to your Local Partnership Manager, if you are unsure who this is please email the LPM Support Team (I&SDLPMSupportTeam@homeoffice.gsi.gov.uk). 

Immigration inspection service

If you want a family member to immigrate to the UK to live with them, they may be required to provide a report to the British High Commission about the place where they intend to live.

The report should confirm that the proposed accommodation is in a satisfactory condition and will not become statutorily overcrowded if other people move in.

We provide a service to inspect accommodation and issue a report. This service costs £229.50,plus an hourly rate of up to £83.50 for re-visits and/or additional advice (2016/17 prices). You must give the Council the fee before the inspection takes place. .

You must pay the Council the fee before the inspection takes place.

Please note that the accommodation must be owned or occupied exclusively by you or your family.

After receiving the fee an officer will contact you in order to arrange a mutually convenient time to undertake an inspection at the property. During the inspection the officer will need to look around the whole property and you will be asked to confirm:

  • who owns and occupies the property currently
  • the names and date of birth of all occupiers and in which rooms they sleep in
  • the name and date of birth of the person(s) seeking entry into the UK

When the inspection and investigation is completed, you will be supplied with a letter which will state:

  • your name and the name(s) of the person(s) seeking entry into the UK
  • the address of the property inspected
  • who owns and who occupies the property
  • whether the property is free from category 1 hazards under the Housing Act 2004
  • whether the property would be statutorily overcrowded by the additions of the person seeking entry into the UK
  • the name of the officer to contact for further information.

It is our aim to make the visit and provide you with your written report within 10 working days of you making your application.

As an applicant, you are responsible for ensuring the letter is received by the appropriate authority within the required timescale in support of the application for immigration.

The Council will not supply letters unless an inspection has been carried out.

If your letter expires, the Council will need to carry out another inspection, incurring another fee.

The Council reserves the right to make a charge for any amendments to the letter or for the supply of copies of the letter at a later date. It is therefore very important that you do not request an inspection of your property for immigration purposes until you are ready to submit your full application to the relevant authorities.

Contacts

  • Private Sector Housing Team
  • Environmental Health
    Barnet House, 1255 High Road,
    Whetstone, London N20 0EJ
  •  
  • Tel: 020 8359 7995
  • Email: housingconditions@barnet.gov.uk

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