Un­cer­tainty over ten­ant immigration checks in Scot­land

The Oban Times - - Motors/property -

The Immigration Act 2014 in­tro­duced a re­quire­ment for land­lords of pri­vate rental ac­com­mo­da­tion to con­duct “Right to Rent” checks on their ten­ants’ immigration sta­tus be­fore of­fer­ing a ten­ancy agree­ment. Un­der the leg­is­la­tion, there will be a new crim­i­nal of­fence tar­geted at un­scrupu­lous land­lords and agents who re­peat­edly fail to con­duct the “right to rent” checks or fail to take steps to re­move illegal im­mi­grants from their prop­erty. These land­lords may face a fine, up to 5 years im­pris­on­ment or li­able for a civil penalty of up to £3000. Since 1st De­cem­ber 2014 the scheme has been tri­alled in a pi­lot area in the West Mid­lands. The UK Gov­ern­ment has been re­view­ing the suc­cess of the trial and con­sid­er­ing whether to pro­ceed with a na­tional roll out. At this time, the plans ap­pear to in­clude a roll out of the “right to rent” checks in Eng­land only. We are there­fore hope­ful that land­lords in Scot­land will not be re­quired to con­duct back­ground checks on the immigration sta­tus of ten­ants. How­ever, we highly rec­om­mend all land­lords com­plete thor­ough ref­er­enc­ing of prospec­tive ten­ants in­clud­ing con­firm­ing ID, proof of ad­dress, rental history and em­ploy­ment ref­er­ences be­fore of­fer­ing a ten­ancy. At West we con­duct thor­ough ref­er­enc­ing checks as stan­dard for all our ap­pli­cants, en­sur­ing only the best ten­ants are put for­ward for rent­ing your prop­erty. If you wish to dis­cuss ref­er­enc­ing or have any other rental queries please call a mem­ber of our knowl­edge­able Let­tings Team on 01631 569 466.

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