Landlord immigration check FAQ

AFS Team·12 July 2013·3 min read

Landlord immigration check FAQ
The Home Office wants landlords, lawyers and other interested parties to respond to a consultation paper on forcing landlords to check a tenant’s immigration status before letting them a home.

Here’s a quick guide to common questions about the new proposals:

Why does the government want landlords to check immigration status?

Not all landlords reference their tenants and a small number of bad landlords deliberately only rent to illegal immigrants. This aids people who would otherwise not be eligible for a home in the UK to stay in the country unlawfully.

Do all viewers have to be checked or just tenants?

Viewers do not have to be checked, although in practice it would seem likely that letting agents would vet tenants signing up to view homes to save wasting time

What are the checks?

Before renting accommodation to anyone to live in as their main or only home, landlords will ask them to produce evidence (from a checklist of documents) of their permission to be in the UK.

Landlords will check this evidence and keep a copy for their records.

If a person cannot produce satisfactory evidence, the landlord should not rent accommodation to them.

How will landlords know how to interpret the documents?

The Home Office will issue guidance and run a helpline. Landlords are not expected to recognise fraudulent documents, but if the documents are obvious forgeries, landlords will have a legal defence for avoiding a fine.

When do the checks have to be made?

Before the tenant signs a tenancy agreement and moves in to the home

What are the penalties for not carrying out the check?

Failing to carry out the checks will be punishable by fines that will range from a few hundred pounds for one-off failures to several thousand pounds for landlords deliberately flouting the law.

Who is affected by the immigration checks?

Anyone renting out a home in the UK must have their immigration status checked.

This includes: • Buy to let and house in multiple occupation landlords, including shared house managers
• Letting agents
• Hotel and guest house owners taking in guests for three months or longer


When does the consultation close?

Any responses must be in by August 21, 2013

Where can I find the consultation paper?

Download the documents here