Human Rights to rescue landlords?
An official watchdog is warning the government that its plans for the “Right to Rent” immigration checks that will have to be carried out by landlords and lettings agents, will breach human rights.
The second reading of the Immigration Bill has been recently held in the House of Commons, and the Equality and Human Rights Commission is uttering stark warnings to all MPs that the Right to Rent proposals could mean a faster methodology to evict illegals and children, which will be in serious breach of the human rights law.
The Guardian newspaper reported that the Commission stated that the Right to Rent, which is part of more government proposals within the Bill, will create “a hostile environment” for those people who do not have the correct immigration status.
With landlords and lettings agents being given the power to evict illegals without needing to obtain a court possession order, the new controls could be viewed as a breach of human rights if the families and children are made homeless through the Bill being passed.
The EHRC has studied the proposed Bill and it could mean that even if there is only one person who has an illegal status within a rented property , all of the tenants could face eviction, irrespective of whether they have the correct immigration status.
The Guardian reported that the EHRC had said: “In the commission’s analysis, this will put lawful tenants and occupants of the same property at risk of eviction because the court will order possession of the entire property rather than the eviction of the unlawful tenant or occupant,” the EHRC is quoted as saying in The Guardian.
The Immigration Act 2014 made it mandatory for all lettings agents and landlords in the West Midlands to check out any prospective tenant’s documentation to gauge their right to stay in the UK. Failing to do so will result in fines of £3,000 for the landlord or the responsible lettings agent.
The West Midlands pilot is also applicable to people who are taking in lodgers and any tenants who sub-let their ‘homes’.
If the new Bill is passed it is very likely that the pilot will be extended across the country from early 2016.
If you are concerned about the issues highlighted in this article why not consider letting your property on Central Housing Group’s ‘Guaranteed Rent’ Scheme. Our landlords are paid an agreed monthly Guaranteed Rent for the duration of the term of their contract regardless of their tenants’ immigration status or employment circumstances and regardless of whether their property is occupied or not.
Landlords – if you are worried about these ‘Right to Rent’ immigration checks why not consider our ‘Guaranteed Rent’ Scheme because, when you let your property on our scheme, you will not be required to carry out immigration checks on your tenants, or liable to legal prosecution for failing to carry out adequate immigration checks on your tenants.
Consequently our landlords have complete peace of mind knowing they will not be impacted at all by any of the responsibilities or risks highlighted in this article.
If you are interested in finding our more about our ‘Guaranteed Rent’ Scheme, currently operating in north, east & west London, please call us today on 020 8447 1222.
See details of our Guaranteed Rent Scheme here
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