New Right to Rent Code of Practice comes into force 22nd January 2024
Since February 2016, Landlords in England have been required to check that anyone renting residential property’s the correct legal immigration status. This means that landlords and their letting agents (where applicable) must check documents manually or use the Landlord Checking Service through the Home Office to ensure that tenants have the Right to Rent..
On the 22 January 2024, the revised code of practice will be introduced, replacing the previous version and the changes implemented will coincide with higher maximum fines for non-compliance.
These higher fines represent what the Home Office has described as one of the “biggest shake ups” of civil penalties since the checks were first introduced.
Landlords are responsible for carrying out Right to Rent checks to ensure that all occupants of residential properties aged 18 and over have the Right to Rent in England. The penalties for non-compliance will increase from £80 per lodger and £1,000 per occupier for an initial breach to up to £5,000 and £10,000 respectively. Any repeat breaches will attract fines as high as £10,000 and £20,000.
Michael Gove launches new consultation to deliver Awaab’s Law
DLUHC in the Media
There has been widespread coverage in the media about the consultation published by the Department for Levelling Up, Housing & Communities, which sets out new plans to improve social housing standards and clamp down on rogue social landlords who fail to provide safe homes – supporting the Government’s pledge to deliver Awaab’s Law.
This includes new legal requirements for social landlords to investigate hazards within 14 days, start fixing within a further 7 days, and make emergency repairs within 24 hours. Those landlords who fail to comply can be taken to court where they may be ordered to pay compensation for tenants.
Several national outlets including BBC News, The Sun, The Independent, Daily Mirror, Sky News, and The Daily Telegraph all report that social landlords will be legally required to repair emergency hazards within 24 hours and must keep clear records of issues and their attempts to resolve these – with tenants also given increased legislative power to challenge housing conditions through the courts. Coverage also notes Awaab’s father, Faisal Abdullah, expressing support for the new proposals.
What next for the Renters Reform Bill?
A lot of chatter has appeared in the trade press over the last 24 hours regarding the Renters Reform Bill and the intentions of the Labour Party if they win a general election. A lot of the discussion circulates around the abolition of Section 21 (Form 6A), so much so that landlords are constantly having a ‘knee jerk’ reaction every time the trade press, national press, TV reports, a blog make reference to the notice disappearing. This has lead to many landlords selling up and exiting the letting sector.
With the greatest of respect to all those who report on the Renters Reform Bill, it’s irresponsible to mislead landlords in this way; landlords who in 2019 reacted to the initial proposal of abolishing the Section 21 notice were unfortunately mislead into thinking that firstly the notice would be abolished imminently. But let’s also think about tenants and the impact this ‘misinformation’ has affected them. Many tenants could have avoided having notice served on them and worse still, facing accelerated possession through the courts and possibly eviction. It has not and will not be abolished for a while.