Right to Rent - Pre 2016

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    Right to Rent - Pre 2016

    I have tenants who moved into my property in 2014 on a six month AST agreement. After the initial six months, it became a statutory periodic, monthly tenancy.

    Both my tenants have residence permits , due to expire soon,but say they have applied for indefinite leave to remain visas. I believe as the tenancy began before Feb 2016,I do not need to do any checks.

    Is this correct?

    Many thanks

    #2
    I'm afraid not. The new rules apply to all tenancies and the legislation says nothing about tenancies prior to 1st December 2016 being exempt.

    Comment


      #3
      Originally posted by HantsAgent View Post
      I'm afraid not. The new rules apply to all tenancies and the legislation says nothing about tenancies prior to 1st December 2016 being exempt.
      Oh, I got it from the shelter website

      https://england.shelter.org.uk/housi...gration_checks

      So, I need to have them checked?

      Thanks

      Comment


        #4
        Originally posted by HantsAgent View Post
        the legislation says nothing about tenancies prior to 1st December 2016 being exempt.
        Yes it does. (Well, 1st Dec 2014 for those that was in the pilot local authorities, and 1st Feb 2016 for everyone else.)

        EDIT:

        Originally posted by rusty69 View Post
        So, I need to have them checked?
        Not if nothing has changed.
        I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

        I do not answer questions through private messages which should be posted publicly on the forum.

        Comment


          #5
          Originally posted by KTC View Post

          Yes it does. (Well, 1st Dec 2014 for those that was in the pilot local authorities, and 1st Feb 2016 for everyone else.)

          EDIT:



          Not if nothing has changed.
          Nothing has changed.

          Thanks

          Comment


            #6
            Apologies, I was reading through some course notes I had from a recent TfP seminar and it stated that all existing tenants should be checked. It seems that’s ‘best practice’ and not law.

            However, I think you’ll still be committing an offence if you continue to let to them after you know their right to reside has expired.

            Comment


              #7
              Originally posted by HantsAgent View Post
              However, I think you’ll still be committing an offence if you continue to let to them after you know their right to reside has expired.
              *Read through the version of s35 as amended by the Immigration Act 2016 as opposed to the original enacted version on legislation.gov.uk*

              Oh "£$%^&*()

              Yes, you're right. 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".
              I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

              I do not answer questions through private messages which should be posted publicly on the forum.

              Comment


                #8
                I would wait until the temporary right to reside expires and then either that can show you their new paperwork or you have to serve notice.


                For decades the home office has declined to track migrants into the UK, something that many EU countries seem to manage better than we do. As a consequence, they have no idea who is actually in the country until they apply for a new period of residence.
                So landlords get another task to complicate things.
                When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                Comment


                  #9
                  Originally posted by KTC View Post

                  *Read through the version of s35 as amended by the Immigration Act 2016 as opposed to the original enacted version on legislation.gov.uk*

                  Oh "£$%^&*()

                  Yes, you're right. 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".
                  But they are not disqualified as a result of their immigration status, and their status wasn't required to be checked

                  Comment


                    #10
                    The post you quoted was a general comment regarding the law as it is.

                    In your specific case, it doesn't matter that you were not and would not otherwise even now be required to conduct checks, for whatever reasons you know that your tenants are here on "residence permits, [which are] due to expire soon". So after the date of the permits expiry, you would have "reasonable cause to believe that the premises are occupied by an adult who is disqualified ..." unless your tenants are then able to show you evidence that they have gotten extended permission to stay. So as jpkeates said, wait until after the expiry date and then ask for proof of extended permission, if they can't provide it you have to serve notice and evict.
                    I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

                    I do not answer questions through private messages which should be posted publicly on the forum.

                    Comment


                      #11
                      Originally posted by KTC View Post

                      *Read through the version of s35 as amended by the Immigration Act 2016 as opposed to the original enacted version on legislation.gov.uk*

                      Oh "£$%^&*()

                      Yes, you're right. 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".
                      Sh**! How did that happen! Well I can see how it did from your link but I've had no word of this from the RLA. I think I might take it up with them!

                      Comment

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