In this section:

ARCH annual report


The ARCH annual report for 2015-16 is now available to view.


Download it here.

Immigration checks on tenants Matthew Warburton - 25/07/2013

passport_300Earlier this year the Prime Minister announced the Government's intention to require private landlords to check the immigration status of new tenants. The necessary legislation will be included in an Immigration Bill to be introduced this autumn.

The Borders Agency has published a consultation paper explaining the policy and proposing how the requirement will work. While the measures are primarily aimed at private landlords, there are significant implications for councils, and ARCH members are strongly advised to read the consultation paper and consider responding.

The requirement for landlords to make checks is closely modelled on the existing requirement on employers to check the immigration status of employees. It would apply to all properties let for occupation as the tenant's only or main home, but not to student or tourist lets, accommodation occupied in connection with employment, or to leaseholds or shared ownership.

The requirement is not proposed to be retrospective; it would apply to new tenancies only. Views are invited on whether the requirement to make checks should apply to people taking in lodgers or sub-tenants, including council tenants. If this policy were adopted, councils would be expected to bring the requirement to the attention of any of their tenants affected.

The great majority of council lettings would be excluded from the policy as the Government does not wish to duplicate existing requirements applying to council waiting lists and homelessness policies. However, there is a suggestion that the new requirement would apply to council lettings to tenants not on the waiting list or assessed as homeless.

In putting together an ARCH response to these proposals, I would very much welcome the views on member councils on these two points - whether the requirement should apply to lodgers and subtenants, and lettings other than to applicants homeless or on the waiting list. On the latter point, who and how many tenancies would be affected? The deadline for responses to the Borders Agency is 21 August 2013.

Like emailLink
ARCH Member Comments 1 people like this