Under proposals to be included in the upcoming Immigration Bill, which is being introduced to help counteract the current migrant crisis in Calais, landlords in England & Wales will be able to end tenancies without a court order, in some circumstances.
It is proposed that the Home Office will issue a notice when an asylum application fails, having the result that the tenant no longer has the right to rent property in England & Wales.
Currently landlords are required to apply to the court to obtain a possession order to enable them to evict a tenant. Under the new proposals, should the tenant leave after service of the Home Office notice, then the landlord does not need to take any further action. However, if the tenant refuses to move out after service of the Home Office notice, then the landlord will still have to go to court to obtain a possession order. It is believed that the court process will be quicker and more straight-forward, in light of the fact that the Home Office notice constitutes formal “evidence.”
Landlords will also be required to carry out “right to rent” checks on tenants’ immigration status before allowing them to move in to the property in the first place.
A landlord’s failure to evict immigrants, or to carry out the necessary checks, will be an offence carrying a maximum penalty of five years imprisonment, and a fine.
Councils are to keep a blacklist of “rogue” landlords and letting agents enabling them to monitor repeat offenders, and ultimately ban them from renting out properties if necessary.
If you are a landlord and are concerned about how these proposals may affect you, then please get in touch and ask to speak to a member of our property litigation team.