Civil Penalty for Landlords
The governments new legislation which confirms that renting to a tenant that has no right to rent will attract civil and criminal liability. From 1st February 2016, landlords are required to carry out strict immigration checks on any prospective tenants before renting their property. landlords are required to carry out strict “right to rent” checks on their tenants. Failure to comply with the correct checks, landlords may be liable for fines of up to £3,000 per tenant, where the right to rent checks have not been done properly, and a Civil Penalty has been issued.
Consequences of a civil penalty for renting to illegal tenants (tenants with no right to rent):
Financial penalty – The fine could be up to the value of £3,000 per illegal tenant/occupant.
Criminal Offence- It is a criminal offence to knowingly rent a property to a tennant that is an Illigal Immigrant. Punishment could be up to five years imprisonment.
Licence Revocation – Other sanctions could be imposed including the revocation of home in multipul occupancy licence.
Enforcement action: If the landlord fails to pay the penalty on time and then The Home office could initiate enforcement action. In this case, the landlord's credit ability could be affected.
Landlord ’s own immigration application – When the landlord is personally subject to immigration control, his personal immigration application could be refused, as the civil penalty is one of the factors that may raise doubt about their character and conduct.
If you have been issued with a Civil Penalty Notice for renting a property to an Illigal Immigrant, it is always important to obtain professional legal advice at the earliest opportunity. At Eldons Berkeley Solicitors, our experienced lawyers will assess your circumstances and provide you with a practical solution. Call us today on 020 7440 7744 to discuss your matter further. Or, fill out the contact form below.
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