Residential Letting Requirement | Kangs Immigration Solicitors


Sharan Rupra of Kangs Solicitors highlights the change in the evidential burden placed upon private landlords, since 1st February 2016, to ensure that their tenants are legally entitled to rent.

It is an offence for a landlord, or agent, to rent out a property knowing, or having reasonable cause to believe, that the proposed tenant has no lawful immigration status in the U K.

The intention is to ensure that illegal immigrants are unable to establish a settled life in the UK by restricting access to private sector rented accommodation.

Where the investigating authority can show that that the landlord, or agent,  did know, or had reasonable cause to believe,  that the Tenant did not enjoy the legal status, the Landlord faces the risk of being prosecuted.

However, a statutory excuse (‘the statutory excuse’) against liability for a civil penalty can be established, as shown below.

 Landlords Code of Practice | Kangs Advisory Solicitors

Landlords, or their agents, involved in letting private rented accommodation should complete a ‘right to rent’ check for new tenants who intend to use rented  properties as their only or main home.

There is a range of documents which a landlord or agent may check to establish the  statutory excuse and which includes:

  • Passports,
  • Visas,
  • Biometrics Residence Permits,
  • National Identity Cards,
  • Certificates of Registration,
  • Naturalisation Certificates,
  • Birth Certificates
  • Council tax bills, bank statements, GP registrations and utility bills for all tenants over the age of 18 years.

The landlord must keep a copy of all documents examined and make a note of the date(s) of such examination.

If the landlord has any doubts as to the immigration status of a potential tenant where, for example the potential tenant maintains that the Home Office hold the ID documents or there is  an outstanding application or appeal, the landlord  must request verification of a right to rent  from the Home Office’s  Landlords Checking Service.

The Statutory Excuse | Kangs Immigration Team

A landlord has an immediate and ongoing duty to ensure the necessary procedures are in place to ensure no property is let out illegally.

There are three steps required to establish and maintain the statutory excuse:

  • the initial right to rent checks must be conducted
  • appropriate follow up checks must be conducted
  • the Home Office must be informed if follow up checks suggest that an occupier no longer has the right to rent

Penalties| Appeals | Kangs Criminal Solicitors

Failure to comply with the requirements can lead to a civil penalty up to £3,000 in respect of each illegal tenant.

Additionally, the landlord or agent could also be committing a criminal offence which could lead to a term of imprisonment of five years.

If a landlord receives a Penalty Notice from the Home Office, providing reasons for their decision,  an objection can be lodged  by writing to the Home Office within twenty eight  days of the notice. There is also a right of appeal.

How Can We Help? | Kangs Immigration Solicitors

At Kangs Solicitors we have an experienced team of immigration and criminal lawyers who regularly advise and assist clients with all aspects of immigration and criminal defence.

We have a proven track record of successfully advising and guiding clients through their proceedings.

Who Can I Contact For Help? | Kangs Solicitors

Please feel free to contact our Immigration Team through any of the following who will be happy to assist you:



Sharan Rupra
07989 521 210 | 0121 449 9888 | 020 7936 6396

Sukhdip Randhawa 
07989 521 210 | 0121 449 9888 | 020 7936 6396

Kangs Solicitors has successfully assisted a male client, a Pakistani national who had been a victim of domestic abuse, in his application for Indefinite Leave to Remain in the UK. The Circumstances | Kangs Immigration Solicitors How We Assisted Our Client | Kangs Immigration Team How Can We Help? | Kangs Immigration Solicitors If you […]
In an article posted to this site on September 27th 2019 the nature of both the Article 4 European Convention of Human Rights 1950 and the Modern Day Slavery Act 2015 were explained. Forms Of Modern Slavery | Kangs Immigration Offences Team How Can We Help? | Kangs Slavery and Immigration Offences Defence Solicitors The […]
Kangs Solicitors has recently succeeded in assisting a client, who is a female Pakistani national and who had suffered domestic abuse, obtain Indefinite Leave to Remain in the UK. The Circumstances | Kangs Immigration Appeal Solicitors Domestic Abuse | Kangs Domestic Abuse Team The abuse suffered by our client included her: How We Assisted Our […]

Get in touch