Fines for landlords who breach right to rent rules have increased to £20,000 as of today (Monday 22nd January).
From today, the penalties will increase from £80 per lodger and £1,000 per occupier for a first breach to up to £5,000 per lodger and £10,000 per occupier.
Repeat breaches will be up to £10,000 per lodger and £20,000 per occupier, up from £500 and £3,000 respectively.
Current rules mean that as well as facing a heavy fine, landlords could face potential imprisonment for failure to check the occupier's right to rent status.
The new fines update the code of practice issued in March 2022.
This new code should also be applied to all right to rent checks from today (22nd January 2024).
In a draft of the code of practise for right to rent published in November by the government, all landlords and their agents in England have a legal responsibility under the Immigration Act 2014 legislation to prevent those without lawful immigration status from accessing the PRS.
The draft states that allowing those without a lawful right to be in the UK to rent property supports them in establishing a settled life here, rather than to make provision to return to their home country.
This creates a significant cost to the public purse, including through the provision of local authority support, and also reduces the amount of housing stock available to those who are lawfully residing in the UK.
An individual will have the “right to rent” in the UK provided they are present lawfully in accordance with immigration law.
Under section 22 of the Immigration Act 2014, a landlord should not authorise an adult to occupy property as their only or main home under a residential tenancy agreement in England, if the adult is disqualified as a result of their immigration status.
