Luton Borough Council was prosecuted by the HSE late last year following an incident at a high school in which an assistant headteacher was attacked by a pupil and left with life-changing injuries.
Although the guidance does refer to “private rented accommodation” it will also impact upon private registered providers of social housing in some circumstances.
The Code relates to the Immigration Act 2014 (the “Act”) which received royal assent on 14 May 2014. The Act prevents landlords of residential properties from entering into residential tenancy agreements with certain persons depending on their immigration status. The new Act means that landlords will have to check the right of prospective tenants to be in the country, or risk a potential fine of up to £3000.
Landlords will need to:
- carefully review their allocation policies to ensure that that they meet the requirements of the “right to rent” checks. The prospective tenants must be:
- A British citizen;
- An EEA or Swiss national; or
- Have the “right to rent” in the UK because they are lawfully in the UK in accordance with immigration laws.
- ensure that they do not fall foul of data protection law; and
- ensure their checking processes are non-discriminatory.
Nominations made by local authorities to stock owned by housing associations will be excluded by virtue of the “social housing” exclusion. There are a number of other exclusions including student accommodation, accommodation provided in care homes, hospitals and hospices, and some residential agreements granting a right of occupation in a hostel and refuge. Unless one of the exceptions applies, private registered providers must comply with the Scheme.
Landlords who breach the provisions of the Act may be liable to a civil penalty of up to £3000, but can establish a statutory excuse where they can show that initial checks were conducted before allowing occupation of the rented accommodation, and where appropriate, in relation to those with a ‘time-limited’ right to rent, follow-up checks are conducted and there is proper reporting to the Home Office. An agent can be instructed to take responsibility for ensuring that steps are taken to establish the statutory excuse.
The scheme is to be ‘piloted’ in Birmingham, Walsall, Sandwell, Dudley, and Wolverhampton. For landlords in these areas the “right to rent” scheme comes into effect on 1st December 2014, with other areas to follow in 2015, and applies to residential tenancy agreements entered into on or after the date of implementation for that area. The Code provides further detail on how landlords should apply the scheme.
For more information
This ebriefing looks at the proposal to set out 'public procurement principles' in the proposed procurement legislation.
Happy New Year - our first newsletter of 2021! Throughout this year we will continue to bring you news and developments relating to the charities sector.
Local authorities should be wary of reserving contracts for local suppliers, as recommended by Procurement Policy Note (PPN) 11/20. Other contracting authorities may want to maximise their use of this
Most housing practitioners have perhaps been waiting for this news since the latest lockdown was announced by the Prime Minister on 4 January 2021.
Climate change and biodiversity is an area where significantly faster changes are needed on a global and local basis.
Chris Lloyd Smith, Adrian Leonard and Lisa Whitehouse discuss the planning opportunities available to owners of businesses and how to prepare for unforeseen events.
In their 3rd podcast of the series, Chris Lloyd-Smith and Maria Ramon discuss a number of problems with and difficulties that can arise in mediation and the mechanisms they use to overcome them.
Our previous round-up began by sharing the news that two vaccines had shown very promising test results. Here we are, not even a month later, and the first vaccines have already been administered!
The Covid-19 crisis has demonstrated that there is great resilience and innovation in the housing sector across Greater Manchester, it has also brought shortfalls and other priorities sharply into foc
To receive invitations to our events, as well as information and articles on legal issues and sector developments that are of interest to you, please sign up to Newsroom.