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FOI request (FOI203009)
Information relating to landlord immigration checks policy
Requested Thu 19 January 2017
Responded Thu 19 January 2017This query relates to the right to rent provisions set out in the Immigration Acts 2014 and 2016, which are now established in law. These provisions require landlords to carry out immigration checks of tenants, and expose them to a civil penalty fine, or up to five years in prison for non-compliance. In addition they grant powers to landlords to evict tenants, including children, without a court order in certain circumstances. They are currently in force in England, and a further rollout is planned for Scotland, Wales and Northern Ireland.
I am writing to enquire whether, in light of the above changes, or (depending on your area) planned changes, you could provide us with answers to the following questions:
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Do you have a scheme in place regulating or licensing landlords in your area?
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Have you put in place any internal policies or guidance to assist the following teams, or others, to carry out their work in light of the right to rent scheme?
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Housing team
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Trading Standards team (in relation to letting agents)
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Landlord licensing team (if applicable)
Please provide copies of any such policies or guidance.
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Have you put in place any systems to monitor the impact of the right to rent scheme on:
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Homelessness;
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Discrimination;
Please provide copies of any documents, emails, meeting minutes relating to such monitoring efforts.
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Are you providing training, outreach, or other engagement in respect of the right to rent scheme, for example to landlords, service users, or your staff? Please provide copies of training materials, or other related documents.
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Are you taking any other action to ensure compliance with your Public Sector Equality Duty in relation to the right to rent scheme? If so, what?
Response
1. We have Selective Licensing (Part 3 - Housing Act 2004) across 7 wards in the Borough.
2a - Housing team - This is a statutory duty - see Housing Act 1996 (as amended) – https://www.legislation.gov.uk
Eligibility is assessed for all clients when they approach housing services, so this is checked before a client moves into private rented accommodation facilitated by the Council.
2b - Trading Standards team (in relation to letting agents - Trading Standards is dealt with by East Sussex County Council, not Hastings Borough Council.
2c - Landlord licensing team (if applicable) - We have no internal policies or guidance to assist the Housing Renewal Team to carry out their work in light of the right to rent scheme. However, one of our Selective Licensing conditions is that Landlords do checks and references on prospective tenants – see list of conditions at http://www.hastings.gov.uk/housing/improvement/selective_licensing_scheme/introduction/
Further guidance is also available on our website at http://www.hastings.gov.uk/housing/improvement/selective_licensing_scheme/checklist/
Please provide copies of any such policies or guidance - see above
3a - Homelessness - No systems put in place to monitor the impact.
3b - Discrimination - No systems put in place to monitor the impact.
Please provide copies of any documents, emails, meeting minutes relating to such monitoring efforts - n/a
4 - Housing Options staff have received training from the Home Office on the details of the scheme.
A representative of the Immigration Enforcement Team of the Home Office has presented at a Landlords Forum.
5 - None -
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Freedom of Information
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