1. RIGHT TO RENT: DO LANDLORDS NEED TO BECOME IMMIGRATION OFFICERS? Presented by Mark Lilley-Tams, Paragon Law Ali Baylav, Cavendish Lettings

2. What to expect from today  What is the new law?  Who does it apply to?  What do you need to do?  What happens if you get it wrong?  Who takes on responsibility?  Case Studies  Q&A

3. What is the new 'right to rent' law? "A landlord must not authorise an adult to occupy premises under a residential tenancy agreement if the adult is disqualified as a result of their immigration status."

4. Which 'occupiers' does it apply to?  Tenants named in the tenancy agreement  Other persons named in the tenancy agreement  Other persons not named in the tenancy agreement but whom the landlord should have known were staying at the property had 'reasonable' enquiries been made  Only applies to adults (18+)  Only applies to occupiers if it is their 'main residence'

5. Which Landlords does it apply to?  Landlords who let properties with a lease or tenancy agreement  Occupiers who sub-let the property  Landlords or occupiers who take on lodgers

6. Which tenancy agreements does it apply to? The right to rent scheme applies to tenancies, leases, licences, sub-leases or sub- tenancies, where a new tenancy comes into effect AFTER the 1st February 2016.

7. Exemptions  Local Authority Arranged Housing  Social Housing  Care Homes, Hospitals and Hospices  Hostels and refuges (not commercial)  Tied Accommodation  Halls of Residence  Long Leases over 7 years

8. Establish, Obtain, Check and Retain  Who is living in the property?  Carry out document checks in the physical presence of the tenant  Check that the documents establish a right to rent  Retain a record of the relevant documents, for at least 1 year following the end of the tenancy

9. How long before carrying out another check?  Permanent - no further checks required  Time Limited - whichever is the longest of: i) one year ii) the date when the Leave to Remain expires

10. What are the penalties? First Breach £80 - Lodgers£1,000 - Tenants Second Breach £500 - Lodgers £3,000 - Tenants In Future - criminal sanctions including sentence of imprisonment of up to 5 years

11. Who Pays the Penalty?  Is there a statutory excuse available?  Has responsibility been delegated to an agent? An Agent can take on legal liability under the right to rent scheme. Does not need to be a letting agent Must be an agreement with an organisation working in the course of business Must be a formal agreement in writing

12. Making a Report to the Home Office  When a follow-up check reveals the tenant no longer has the right to rent  When the Landlord becomes aware of a change of circumstances for the tenant meaning they no longer have the right to rent. https://www.gov.uk/report-immigration-crime

13. Case Studies  A right to rent check is carried out for a tenant whose leave is due to expire on the 14th March 2016. Can the Landlord enter into a 12 month tenancy with them?  A tenancy agreement is entered into with a student who is overseas and coming to the UK to study. How and when can the check be carried out?  A landlord is overseas. How can they carry out the document check 'in the presence of the tenant'?

14. Right2Rent Solution  Quality – Checks carried out by Law Society Accredited Professionals  Express – Initial response within 2 business hours  Simple – Online Forms and Guidance to make the process easy  Certified – Our Certificate will immediately prove the right to rent  Affordable – Great value for money - from £11.25 per check  Guarantee – We take legal responsibility for verifying status  Compliance – We store all documentation to demonstrate compliance  Future Proof – We will notify you before the tenant’s status expires

15. Q & A  enquiries@right2rent.co.uk enquiries@right2rent.co.uk  www.right2rent.co.uk