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Right to Rent will NOT be rolled out nationally until pilot is evaluated
The timetable for rolling out Right to Rent – the requirement by landlords or their agents to check the migration status of tenants – remains unknown.
Although David Cameron said only recently that the scheme would be rolled out nationally, ahead of the results of a pilot currently being conducted, one of his ministers has now said otherwise.
The minister has also clarified who is responsible for immigration checks when the tenant sub-lets to others.
In the Commons, Tory MP Charlotte Leslie (Bristol North West) tabled a written question asking what steps the Home Office is taking to ensure that letting agents are able to verify the immigration status of tenants who are sub-letters.
James Brokenshire, the minister of state for immigration, replied: “The system of right to rent checks which we introduced through the Immigration Act 2014 enables a landlord to delegate the responsibility for conducting a check on a tenant’s status to a lettings agent, together with any associated liability for a penalty.
“Where a tenant sub-lets the accommodation to another person, the legislation provides that the tenant is responsible for conducting a right to rent check, and liable for any penalty for not doing so, unless it has been agreed by both parties that the check will be performed by the landlord or an agent.
“Full guidance for lettings agents on how to carry out checks is available online and through a free telephone helpline.
“The first phase of the scheme is in operation in Birmingham, Walsall, Sandwell, Dudley and Wolverhampton and is currently being evaluated before it is extended to the rest of the country.”
Brokenshire’s reply looks to be in contrast to what Cameron said last month, when he suggested that a national roll-out of the scheme would go ahead, in advance of an assessment of the pilot.
Cameron said: “There are other ways we can identify those who shouldn’t be here, for example through housing. For the first time we’ve had landlords checking whether their tenants are here legally.
“The Liberal Democrats only wanted us to run a pilot on that one. But now we’ve got a majority, we will roll it out nationwide, and we’ll change the rules so landlords can evict illegal immigrants more quickly.
“We’ll also crack down on the unscrupulous landlords who cram houses full of illegal migrants, by introducing a new mandatory licensing regime. And, a bit like ending jobs when visas expire, we’ll consult on cancelling tenancies automatically at the same point.”
Brokenshire’s reply may or may not be a U-turn, but it certainly looks to be the second clarification of Cameron’s remarks. It took the Department for Communities and Local Government over a week to say that the “new mandatory licensing scheme” would actually be an extension of the existing HMO regime.
However, there has yet to be any clarification of the “change of rules” which will allow speedy evictions of illegal immigrants.
