Your tenants have to have the right to rent a property and it is essential that as a landlord, you check that at the beginning of a tenancy, all tenants aged 18 and above have the right to rent. You should ask to see the passport of the tenant or another official document that proves their immigration status.
If you are found to be renting a property to someone you knew or had reasonable cause to believe did not have the right to rent in the UK then you could receive an unlimited fine which is also known as a civil penalty. This includes if you had any reason to believe that;
- The tenant did not have permission to enter or stay in the UK
- The tenant’s leave had expired
- The tenant’s papers were false or incorrect
You can also be fined if you cannot show that you have checked your tenants’ right to rent.
If your case is being investigated, you will receive a ‘referral notice’ informing you that you could be getting a fine (civil penalty). The amount fined will depend on the type of property involved and whether or not you have been fined before.
You can object to a civil penalty within 28 days of the date given on the notice. You can object if;
- You are not liable to pay the penalty – for example, you are not the landlord of the property
- You have made a correct check of the tenant and can prove it
- The penalty amount was not checked correctly
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At LAWTEC Solicitors, we have specialist experience in all areas of Motoring Law/Immigration Law and Commercial leases and can provide our assistance in these matters with a free initial assessment to help you along the way.
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