LANDLORDS who fail to check the immigration status of new tenants before letting their property could face fines of up to £3,000 from next month if the occupier does not have the right to be in the UK.

From February 1, private landlords and letting agents in England will have to request original ‘right to rent’ documents from prospective and, in some cases, actual tenants which show their entitlement to be in the country.

Any landlord or agent who fails to carry out document checks could face penalties of up to £3,000 for each disqualified person allowed to occupy the home.

The Government’s ‘right to rent’ programme, which is being rolled out across the country following a successful pilot scheme for landlords and letting agents in the West Midlands, aims to make it harder for illegal migrants to stay in the UK.

Andrew Dekany, employment and immigration partner at commercial law firm Thrings, said the new ‘right to rent’ initiative was one of a host of changes brought about by the Immigration Act 2014, and forms part of the Government’s drive to make the environment less welcoming for illegal migrants.

He said: “The legislation places an onus on landlords and agents to be more proactive and to carry out checks on – and keep records of - identity documents of every adult occupier aged 18 and over before offering a tenancy agreement.

“If a prospective tenant cannot produce satisfactory documents, or if the documents are regarded by the landlord and/or agent as a possible forgery, they will be expected not to let to that individual.”

James Brokenshire, Minister for Immigration at the Home Office, has described the checks as “quick and simple”, adding that “many responsible landlords already do them as a matter of routine.”

Meanwhile the Home Office is offering a free Landlords Checking Service to help landlords and agents carry out the necessary checks on tenants’ documents in order to avoid potentially troublesome and expensive enforcement action later on.

Andrew said the Chartered Institute of Housing estimated that right to rent checks will need to be carried out on at least 2.6m people per year.

He said: "The Government is not expecting landlords and letting agents to have the skill and knowledge of UK immigration officers. They may need assistance in dealing with more complex areas.

“For example, landlords and letting agents are not allowed to discriminate directly or indirectly on grounds of a prospective tenant’s nationality, race or religion.

“Employers and banks already have to check the immigration status of individuals before allowing them to start work or open a new current account respectively, so the concept is not a new one. Moreover, the introduction of the immigration checks has been known since last year’s Queen’s Speech, so landlords and letting agents have had sufficient time to prepare. Shutting their eyes to the new legislation is therefore not an option.”

Nearly all residential tenancy agreements are covered by the new scheme, although certain types of accommodation – including care homes, tied accommodation, specified student accommodation and certain short-term holiday lets – are excluded.