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RLA find errors in wording of proposed deregulation act

RLA find errors in wording of proposed deregulation act

RLA Find Serious Drafting Error In Rented Housing Regulations Of Proposed Deregulation Bill

The Residential Landlords Association (RLA) have called on the Government to delay the implementation of the proposed Deregulation Act after they found errors in the wording of the document that would expose private rental sector landlords to a legal minefield.

The RLA published the following on their newshub

A major drafting error in Government regulations affecting the private rented sector risks undermining confidence in new legislation being applied to the sector.

The Deregulation Act, passed prior to the General Election, provides Ministers with the power to introduce a new standard form for landlords to complete and provide to a tenant when seeking to regain possession of a property on a no fault basis, known as a Section 21 notice.

With the form due to become legally binding from the 1st October, the Residential Landlords Association (RLA) has written to the Housing Minister, Brandon Lewis MP, to seek a delay following the revelation of a serious drafting error.

The standard form, as currently drafted, notes that where a fixed term tenancy ends and then turns into a rolling or periodic tenancy the Section 21 notice would only be valid for four months from the date that it is served on the tenant*.

This contradicts the Deregulation Act, which makes clear that the required period to regain possession of a property where a tenancy is a rolling or periodic tenancy, should instead be four months from the date the Section 21 notice expires**.

Despite having engaged thoroughly with the Government on its proposals, the final version of the standard form, published last week, had not been shown to the RLA.

The RLA is warning that the drafting exposes landlords to a legal minefield, and is calling for the implementation of the plans to be delayed to give more time to get them right.

RLA policy director, David Smith, said “The RLA continues to share the Government’s ambitions to ensure that all landlords understand and properly implement their legal responsibilities and obligations. In light of the major changes being introduced for the sector it is vital that all documents published by the Government are clearly understood. This drafting error will serve only to dent the confidence of landlords in the legislation. Whilst Ministers are understandably eager not to let these new measures drift, it would make more sense not to rush their implementation than face the potential legal difficulties that will now arise for landlords.”

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Government Issue Response To Tax Relief Petition

Government Issue Response To Tax Relief Petition

Government Issue Muted Response To Tax Relief Petition

The Government has published a response to the online petition that opposes the proposals to change the amount of tax relief on buy to let mortgages announced by the Chancellor, George Osborne, in the post election summer budget.

From April 2017 onwards landlords will only be able to claim the basic rate tax relief rather than the higher rate tax relief on buy to let mortgage payments. It is widely feared that the move will severely affect the profitability of the private rented sector (PRS).

The online petition to reverse the planned tax restrictions on individual landlords has attracted more than 23,600 signatures since being posted.

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Landlords Face Tougher Penalties Under Immigration Bill Proposals

Landlords Face Tougher Penalties Under Immigration Bill Proposals

Landlords Must Evict Illegal Immigrants Or Face Prison Under New Immigration Bill Proposals

It has been announced that UK private rented sector (PRS) landlords could face a 5 year prison sentence if they fail to conduct proper ‘Right to Rent’ checks included in new Government proposals for the Immigration Bill

The proposed changes to legislation will require PRS landlords to verify the immigration status of all prospective tenant applicants, before tenancies are agreed. Any landlord who repeatedly fails to conduct these checks would be in breach of a new offence, carrying maximum penalties of five years’ imprisonment or a fine.

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Will It Be A Happy New Year For Property Investors And Landlords?

Will It Be A Happy New Year For Property Investors And Landlords?

Goodbye 2013 – Hello 2014!

2013 may have been the year when the recovery of the UK housing market began following the introduction of the Government’s Help-To-Buy scheme and Funding-For-Lending initiative, but it also saw proposals for greater regulation of the private rental sector including extra responsibilities for UK landlords.

New regulation proposals caused major concern among property professionals after the Government announced that they wanted UK PRS landlords to police the immigration status of all tenants. Landlord associations and industry professionals argued over the proposals claiming that landlords would end up unpaid agents of the UK Border Agency and demanded that the legislation be watered down.

The Government want to have more control over the private rented sector as they know that property investors and landlords are able to generate decent returns offering property for rent as tenant demand remains strong, however there is the danger that over regulation may end up discouraging property investors and landlords from expanding property portfolios.

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RLA Argue Over Wording of Immigration Bill

Government Listen To Reason Over Immigration Bill

Government Listen To Reason Over Immigration Bill

 The Residential Landlords Association (RLA) have won a victory for private rental sector (PRS) landlords after raising concerns that it would have imposed a double penalty on landlords and effectively legalised squatting.

The RLA had a meeting with Immigration Minister, Mark Harper on 17th October and highlighted the concerns of its landlord members over the wording of the Bill.

Clause 17 of the proposed Immigration Bill was originally ambiguously worded and the RLA have argued that unless the specific wording of Clause 17 were to be left as it was, it would see landlords facing a double penalty for breaching legislation. Landlords would face hefty fines and be unable to enforce the payment of rent and they would be unable to take back possession of the property, allowing the tenants to reside in rental properties rent free.

Under the current wording of Clause 17, landlords could argue against the fine by checking identity documents that were not obvious forgeries but they would lose the right to claim rent for the property because the tenant was residing illegally in the country pending deportation or an appeal.

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Illegal Immigrants To Be Banned From Renting Property In The UK

Illegal Immigrants To Be Banned From Renting Property In The UK

Landlords Face £3000 Fines
For Letting To Illegal Immigrants

Private rental sector landlords will be risking a fine of £3000 for breaking the law by letting rental property to illegal immigrants without doing proper background checks and comprehensive tenant referencing.

The proposal is currently undergoing a seven week consultation process and set to become part of the forthcoming Immigration Bill, launched by Immigration Minister, Mark Harper.

Under the proposed new legislation, illegal immigrants will not be entitled to free NHS treatment and will be prohibited from renting property in the UK.

Mr Harper said: “The consultation seeks views on the creation of a duty to require landlords to conduct immigration status checks on tenants before providing residential accommodation, with financial penalties for those landlords who let property to illegal migrants having failed to conduct the necessary checks. The landlord checking proposal is modelled on the existing civil penalty scheme for employers of illegal migrant workers.”

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Government Set To Backtrack On Landlords Conducting Immigration Checks

Government Set To Backtrack On Landlords Conducting Immigration Checks

Bill forcing landlords to check Immigration status of tenants
will be watered down

As previously reported on Spotlight the Government proposals for landlords to check the immigration status of all tenants, has already caused a great deal of outrage from all sectors.

http://mypropertypowerteam.com/landlords-expected-to-do-uk-border-agencys-job-for-them/
http://mypropertypowerteam.com/even-mps-think-landlord-immigration-checks-are-unworkable/

Government ministers look likely to perform the expected U-turn and backtrack on the proposal that would require landlords to verify the immigration status of their tenants.

Prime Minister, David Cameron is reported to have been livid when he was told that the proposed new legislation would have to be watered down.

According to a report in the Daily Telegraph, the legislation that is set to become part of a the new Immigration Bill, will not be rolled out nationally, instead, only landlords in certain parts of the UK will be forced to carry out immigration checks and the newspaper named some boroughs in West London would where landlords would be at the forefront of policing the immigration requirements.

Communities and Local Government (CLG) secretary, Eric Pickles, is reported to think that a mandatory requirement for all UK landlords would involve a great deal of additional red tape, and the resulting extra costs would end up being paid for by tenants.

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Even MP's Think Landlord Immigration Checks Are Unworkable

Even MP’s Think Landlord Immigration Checks Are Unworkable

MP’s Question Immigration Checks By Landlords

The Governments plan to make private rented sector (PRS) and social housing landlords legally responsible for checking the immigration status of all tenant applicants has raised questions on the policy from MP’s.

The proposal to make landlords perform immigration checks on tenants and prosecute those who fail to comply has caused outrage among UK PRS landlords, who would be expected to be doing the UK Border Agency’s work without payment.

Following the outline of the new proposals, Shadow Home Secretary, Yvette Cooper, a former housing minister, told the House of Commons during a lively debate on the Queens speech that landlords performing immigration checks on tenants would be unworkable, stating that: “The Government cannot tell us how their policy will be enforced, because they do not know who the landlords are and they will not have a statutory register.”

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Landlords expected to do UK border agency's job for them

Landlords expected to do UK border agency’s job for them

Private landlords are set to become an extra line in UK Border Control as they will be legally responsible for ensuring that they only let rental properties to people allowed to be in the UK under immigration laws announced in the Queen’s Speech.

This means that Private Rental Sector (PRS) and social housing landlords will have a responsibility to make sure their tenants are in the country legally

Over 3 million buy-to-let landlords are rental property owners in the UK private sector and will be responsible for checking the immigration status of all potential tenants, with fines running into thousands of pounds for those breaking the law.

Employers will also face more substantial fines for employing on illegal immigrants.

It appears that UK landlords and employers are expected to police the immigration system as unpaid members of the UK Border Agency.

Landlords are being given additional responsibility with no recompense other than the threat of heavy fines for failure to comply. Why are we expected to do the UK Border Agency’s job for them when they are paid handsomely for failing to do the job they are employed by the Government to do?

Does this mean that Landlords will be given a financial incentive to turn informant?

I don’t think so…

The new measures are included in an amended Immigration Bill will also limit the ability of European migrants to claim UK state benefits and ensure that the right to residence in the UK on the basis of family commitments is not abused by criminal elements. The UK judicial system will be expected to balance the nature and seriousness of the crime committed against the right to remain resident in the UK.

Temporary migrants will be charged for use of NHS services and only those who have lived in an area for at least two years will qualify for social housing. Regulations will also be amended to ensure that European immigrants cannot claim benefits for more than six months if they do not actively seek legal employment and show they have a genuine chance of obtaining work.

The legislation has been drawn up as the Coalition Government struggles to contain the electoral threat posed by the UK Independence Party (UKIP), which has hard-line immigration policies.

The details of how the measures will be implemented will be set out later in the year. The plans will be the subject of a formal consultation in the coming months.

Ministers expect the legal requirements on landlords will affect those letting rooms in houses of multiple occupancy (HMO) properties. However, the measure will be universal and it will be the responsibility of all landlords to seek copies of passports and appropriate visas.

It is unclear how landlords are supposed to verify the authenticity of documentation, as many employers have already discovered to their cost since the tightening of employment rules surrounding immigrant workers, as falsified information has no way of being checked and is only up to the diligence of the employer to ascertain the true identity of their employees.

The limit of the financial penalties set to be levied on landlords who fail to comply is also yet to be decided but is expected to be severe and may run into thousands of pounds.

Government want to ensure tenants in the

Private Rented Sector are not illegal Immigrants

Landlords Warned Over Illegal Immigrants

Landlords Warned Over Illegal Immigrants

Government ministers want to ensure tenants in the Private Rented Sector (PRS) are not living in the UK illegally and are already working with local authorities to tackle rogue landlords who exploit immigrants by housing them in ‘beds in sheds’.

Many private sector landlords already take the correct measures by tenant referencing all applicants to check the tenants’ identity and credit status, making it difficult for illegal immigrants to rent properties from them.

However, despite numerous calls from UK property industry specialists, not all landlords bother with tenant referencing, and a small minority of rogue landlords knowingly target illegal immigrants who would not be in a position to complain about any sub-standard rental accommodation.

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