Should Immigration Check Responsibility Lie at a Landlord's Door?

Whether or not landlords should
have a responsibility to check the immigration status of
tenants has been a bone of contention for some time. The
government is desperately trying to crack down on immigration, but
those in the buy-to-let sector claim there are considerable cost
and administrative implications associated with such a move.

It is believed that the extra workload alone could force smaller
agents to recruit extra staff, while private landlords will be
forced to add extra costs onto tenants to carry out the
process.

Legal 4 Landlords claims that with net migration for 2013
running at 176,000 people by August, there is certainly a lot of
people to check. Sim Sekhon, director of the company, explained:
“If this was to happen landlords and letting agents would need
official advice, training and support on the extra checks to ensure
that the new legislation was being adhered too. Extra work means
extra costs, the industry is already under the spotlight after the
recent Shelter campaign to abolish tenant admin fees in Scotland
etc.”

There would certainly be considerable pressure placed on
landlords if they were required to get involved with immigration.
It is an emotive issue that many will not be trained for, Legal 4
Landlords explained. Put into context, the recruitment process for
an immigration officer can take between three and five months, not
to mention the additional training that takes place after this.

The burden is made greater for private landlords. Legal 4
Landlords questions what would happen if a tenant was found to be
in Britain illegally. They would presumably be obliged to do
something with this knowledge, which could include reporting the
individual in question, which is undoubtedly difficult for some
people. What’s more, should the agent get it wrong, the
implications could be severe, including lawsuits from
would-be-tenants or the government. Reputations could also be at
stake and smaller businesses could certainly suffer.

While the plans have yet to make it into the House of Lords,
meaning they could be rejected, the industry should certainly
consider the merits of the plans and what they would mean for them.
Similarly, the government has the time to listen to feedback and
make the relevant amendments, finding a common ground between
cracking down on immigration and supporting businesses.