A HOUSING law expert in Southampton is warning landlords and letting agents that they will have to conduct nationality checks of their tenants from the beginning of February.

Amy Lush, a housing and immigration law barrister at 12 College Place Chambers in Southampton said if prospective tenants fail to meet the right to rent criteria of the Immigration Act landlords may face a civil penalty.

Landlords and letting agents risk a substantial fine if they do not check that their tenant is eligible: to be eligible they must be a British citizen, from the European Economic Area or Swiss national, or have the right to rent in the UK – proof that they are allowed to be resident in the country, which could be a visa, passport, driving licence or other documentation.

The right to rent scheme was introduced in December 2014 and trialled across the Midlands. The scheme is now due to come into force nationwide from February 1 as part of the Immigration Act 2014.

Amy, pictured left, said: “Landlords and letting agents must establish whether an individual has a right to rent, a limited right to rent or no right to rent.

“Specific documentation must be inspected and copies retained for every tenant. If a tenant has a time-limited right to rent, further checks must be undertaken on the relevant date and documentation in respect of this retained.

“If checks reveal a tenant no longer has a right to rent, a report must be made to the Home Office in writing following strict guidance.

“There are a number of things that landlords and letting agents can do to make sure they don’t fall foul of the law. At 12 College Place we can advise on all aspects of housing and immigration law.”

For further information or specialist advice, contact 12 College Place on 023 8032 0320 or clerks@12cp.co.uk.