Tenant is a Illegal Immigrant!

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  • Tenant is a Illegal Immigrant!

    It’s just come to my attention that a tenant of mine, is in this country illegally, he’s been staying at the property for last 18months.

    Where do I stand regarding law? Or do I simply leave things as they are?

    Thanks in Advance

  • #2
    Firstly what evidence do you have to allege that the person staying at your property is an illegal immigrant?

    Does the tenant have a tenancy agreement with you or is he staying with a tenant who has an agreement with you?

    Who undertook the checks on the tenancy. If one use an agency such as TenantVERIFY (link above under the blue bar) there would have been need to document the tenant's identity.

    Is the rent being paid for the property regularly?

    Are you worried by the situation and have you contemplated serving a notice requiring possession (Section 21 Housing Act - search these forums for more information)?

    You could start the ball rolling by approaching the renamed Home Office "Immigration and Nationality Department" who can deal with ...

    complaints and allegations from the public about people who may have made a false claim to enter or remain in the UK.
    See Contact us Home Office IND

    You will have to weigh up whether such public spirited action might result in a loss of rental income!
    Vic - wicked landlord
    Any advice or suggestions given in my posts are intended for guidance only and not a substitute for completing full searches on this forum, having regard to the advice of others, or seeking appropriate professional opinion.
    Without Plain English Codes of Practice and easy to complete Prescribed Forms the current law is too complex and is thus neither fair to good tenants nor good landlords.

    Comment


    • #3
      Rather than Worldlife askling lots of questions this situation is about as hopeless as it can get!

      The AST will not be any good much as the tenant won't be able to understand what he has signed unless of course an interpreter was brought in to explain it all to him! No! Thought not!

      It's obvious no referencing was done so you have a tenant who you won't be able to control (legally) and possibly an immigrant who shouldn't be here.

      Sorry but you are on your own here!
      The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

      Comment


      • #4
        This alleged illegal immigrant might be an asylum seeker for all we know!

        Paul you are assuming that there is a written tenancy agreement here and ,if there is such a written tenancy agreement, it was granted to the alleged illegal immigrant or asylum seeker.

        Perhaps the situation would not be quite so hopeless if a written tenancy agreement is not in place!!!!

        Paul - instead of asking questions you seem to have come to conclusions concerning a written AST that may (or may not) exist.

        I consider it was a reasonable suggestion that, if the tenant pays rent and is taking reasonable care of the property, Uncle Fester should not pursue the alleged illegal immigrant issue. It cannot help the landlord in this situation and may result in a long eviction procedure resulting in loss of rent and potential (non-recoverable) damage to the property.

        Although Paul states the situation seems "hopeless" I would not agree it is hopeless if the tenant is paying rent! It is IMHO useful to seek information and offer suggestions to minimise the risk of worsening the situation.
        Vic - wicked landlord
        Any advice or suggestions given in my posts are intended for guidance only and not a substitute for completing full searches on this forum, having regard to the advice of others, or seeking appropriate professional opinion.
        Without Plain English Codes of Practice and easy to complete Prescribed Forms the current law is too complex and is thus neither fair to good tenants nor good landlords.

        Comment


        • #5
          It is also a fairly big assumption that an immigrant would not speak english paul...
          Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

          Comment


          • #6
            Originally posted by Paul_f View Post
            Rather than Worldlife askling lots of questions this situation is about as hopeless as it can get!

            The AST will not be any good much as the tenant won't be able to understand what he has signed unless of course an interpreter was brought in to explain it all to him! No! Thought not!

            It's obvious no referencing was done so you have a tenant who you won't be able to control (legally) and possibly an immigrant who shouldn't be here.

            Sorry but you are on your own here!
            Paul as usual you are talking out of your rear end.I agree with Worldlife and Mr Shed on this one.As long as the rent is being paid and that a tenancy is in place who's worried.With an estimate of 450,000 illegal imagrants in this country I dont think 1 other would make any difference.You seem to be jumping the gun here what is there to say that this person is not fluent in English and doesn't understand the law.As for referencing perhaps Uncle Fester could let us know if the tenancy was made through an agent or Uncle Fester made the checks himself.
            Disclaimer:I have over 30 years experience in housing(both social and private) as an EHO and Building Surveyor.I am also a certified expert witness having spent the last 15years working in housing litigation.The advice I give is from experience in working for various Local Authorities and how the law is interpretated.Housing Law is a minefield and is continually being amended if in any doubt you should consult a solicitor or someone of equal legal standing.

            Comment


            • #7
              Uncle Fester, is it that you merely want to know if you are breaking any laws by housing this tenant? Which of you dear members can answer this question please?

              Comment


              • #8
                If your were in doubt that the tenant was an immigrant you can call the immigration authority anonymously and get advice.

                Comment


                • #9
                  Hello,

                  Uncle Fester;

                  if the tennant is a lady/man and looks like Morticia why not consider getting married for a number of years then she will be legal no more worries..? about being illegal

                  happens all the time in this country



                  They're creepy and they're kookey.
                  Mysterious and spookey.
                  They're altogether together ookey.
                  The Addams Family.


                  The house is a museum.
                  When people come to see'em.
                  They really are a scre-am.
                  The Addams Family.


                  Jimbo
                  Last edited by jimbo; 18-08-2006, 11:55 AM.

                  Comment


                  • #10
                    Thanks for everyone’s input!

                    I let my property via a local agency, who found me 2 tenants (Ref + Credit checked). They signed a 1 Year AST…about 8 months into the tenancy 1 of them had to leave, so he found me a replacement tenant himself.

                    Recently, this new guy has told me, he is here illegally…I want to know if I am breaking the law or not?

                    I don’t want him to leave, as he's an Excellent tenant, as he always pays his rent early & keeps everything in good order.

                    Paul_F – He’s a Doctor from Paraguay and speaks perfect English!

                    Comment


                    • #11
                      Originally posted by Uncle Fester View Post
                      Thanks for everyone’s input!

                      I let my property via a local agency, who found me 2 tenants (Ref + Credit checked). They signed a 1 Year AST…about 8 months into the tenancy 1 of them had to leave, so he found me a replacement tenant himself.

                      Recently, this new guy has told me, he is here illegally…I want to know if I am breaking the law or not?

                      I don’t want him to leave, as he's an Excellent tenant, as he always pays his rent early & keeps everything in good order.

                      Paul_F – He’s a Doctor from Paraguay and speaks perfect English!
                      Uncle Fester: Presumbly your tenant must have an NI no so that he can work here.It is quite possible that you are breaking the law but without intent.If you were unaware that your tenant is illegal then if any court proceedings were instigated it would be up to the authorities to prove different.
                      Disclaimer:I have over 30 years experience in housing(both social and private) as an EHO and Building Surveyor.I am also a certified expert witness having spent the last 15years working in housing litigation.The advice I give is from experience in working for various Local Authorities and how the law is interpretated.Housing Law is a minefield and is continually being amended if in any doubt you should consult a solicitor or someone of equal legal standing.

                      Comment


                      • #12
                        I really do think that if you KNOW he is an illegal immigrant, you really should act upon this.
                        Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

                        Comment


                        • #13
                          Is there a possibility that the original poster misheard the tenant? What the tenant might have said was that he was a legal immigrant. It is so difficult to be sure when there are loud lorries passing !

                          As I wrote in my earlier post there is often confusion between illegal immigrants and asylum seekers.

                          I would give the benefit of the doubt to a good professional tenant who is paying the rent regularly and would not rock the boat.
                          Vic - wicked landlord
                          Any advice or suggestions given in my posts are intended for guidance only and not a substitute for completing full searches on this forum, having regard to the advice of others, or seeking appropriate professional opinion.
                          Without Plain English Codes of Practice and easy to complete Prescribed Forms the current law is too complex and is thus neither fair to good tenants nor good landlords.

                          Comment


                          • #14
                            Originally posted by pms View Post
                            Paul as usual you are talking out of your rear
                            I don't know about his rear but there was a time when his mouth was connected to something between his ears.
                            Disclaimer: What I say is either right or wrong. It may be advisable to check what I say with a solicitor. If he says I am right then I am right, unless he is wrong in which case I am wrong; but if he says I am wrong then I am wrong, unless he is wrong in which case I am right

                            Comment


                            • #15
                              Uncle Fester - there is no legal requirement that you shop people you suspect of illegal activity. In any event, as Worldlife said, he might have said he was a legal immigrant ... or, more probably, an ill legal immigrant. Or he might be a Neil Eagle immigrant (having arrived on Neil Eagle Airlines).
                              Disclaimer: What I say is either right or wrong. It may be advisable to check what I say with a solicitor. If he says I am right then I am right, unless he is wrong in which case I am wrong; but if he says I am wrong then I am wrong, unless he is wrong in which case I am right

                              Comment

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