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:
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 please contact Emma Hardman, Senior Associate, on 0121 214 3617 or emma.hardman@anthonycollins.com.
We have submitted our response to the White Paper Consultation based on the discussion held at the “Planning for the Future - what does this mean for affordable housing” webinar we held on Fri 9 Oct
Anthony Collins Solicitors is pleased to have been ranked as a Band 1 firm once again.
Since March 2020, commercial property owners and occupiers across many sectors, whether housing associations, charities, care providers or local authorities, have been impacted by the rules regulating how they deal with their tenants and their landlords. It seems each week there is a change in policy, regulation or legislation, governing how they must respond.
A key element of the Bill is the establishment of a duty holder regime and requirement to maintain the ‘golden thread of information’ throughout the life cycle of high-risk residential buildings
We have been working with care homes to update their contracts and advise on the risks of charging the resident a regular “top-up” or additional fee where a resident is funded through NHS CHC
The parliamentary processes are complete and the Restriction of Public Exit Payments Regulations 2020 (“the Regulations”) which cap exit payments in the public sector at £95,000 will be in force from 4 November.
As the UK’s social housing sector recovers from the initial Covid-19 outbreak and lockdown, now is the time to focus on the challenges that may emerge next.
There is no universal approach to regenerating town centres. However, housing must be considered a key part of any regeneration project – providing well-needed new homes and economic growth.
Friday 16 October marks the 6th annual Wear Red Day in England, Wales and Scotland. Wear Red Day is the brainchild of the charity; Show Racism the Red Card (SRTRC). SRTRC aims to educate young people so they are equipped to recognise and challenge stereotypes, misconceptions and negative attitudes towards race.
Alongside the Building Safety Bill published in July 2020, the Fire Safety Bill is a key step in the Government’s strategy to improve building and fire safety in the wake of the Grenfell Tower tragedy
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