Evicting vulnerable tenant in hospital – Landlord Action response9:55 AM, 3rd July 2019
About 3 weeks ago 69
In a knee-jerk response to the Windrush scandal the government has posted new Right to Rent guidance for Landlords and Letting agents below:
This information is for landlords wishing to rent private residential property in England to Commonwealth citizens (known as ‘Windrush’ cases) who are long-term residents of the UK but do not have documents to demonstrate their status. It explains their position and what you should do.
The government recognises that some people who have lived in the UK for most of their lives are having difficulty providing the necessary evidence of their status. We want to help them to get the documents to prove their right to live here and to support landlords undertaking right to rent checks.
If a prospective tenant has lived in the UK permanently since before 1973 and has not been away for long periods in the last 30 years, they have the right to be here and to rent property.
If a prospective tenant came to the UK after 1 January 1973 then they might not have the automatic right to be here, but they may be allowed to stay here permanently and will have the right to rent property.
Please contact the Home Office checking service immediately if you are concerned about a prospective tenant’s ability to evidence their right to rent or concerned about the checks you are required to undertake.
Telephone: 0300 069 9799
Monday to Thursday: 9am to 4.45pm
Friday: 9am to 4.30pm
Please ask prospective tenants who cannot evidence their right to rent to get in contact with the dedicated unit in the Home Office so we can help them with the necessary documents to prove their status in the UK.
Freephone: 0800 678 1925
Monday to Saturday: 9am to 5pm
Sunday: 10am to 4pm
On 23 April 2018, the Home Secretary, Amber Rudd, made a statement to Parliament about new measures to establish a permanent and sustainable solution for members of the Windrush generation who have been in the country for decades but found themselves unable to evidence their legal right to remain in the UK.
Amber Rudd announced that the Home Office will:
The above is already out of date with the resignation of Amber Rudd as Home Secretary.
This sorry and embarrassing episode is a brilliant example of why landlords should not be asked to take on the responsibilities of immigration officers and also explains why landlords are now so much more reticent to let properties to foreign nationals. It is a step too far and a role that landlords if they are not a ‘business’ should not have to take the burden of.
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