Immigration Bill

Debate between Lord Green of Deddington and Earl Cathcart

Wednesday 20th January 2016 Lords Chamber

[Lord Green of Deddington (CB)]

Is the noble Earl aware that most illegal immigrants in Britain came legally and therefore that there is no reason why they should have been detected on arrival? They came legally and have overstayed.

[Earl Cathcart]

No, I am not aware of that.

I understand that previously the Government have said that they want common sense to prevail. However, landlords, fearful of the potential consequences of getting something wrong, need further assurances. A simple amendment to the Bill can rectify this and make it clear that landlords will not commit a criminal offence where they have done everything possible to verify the status of the tenant and are in the process of evicting a tenant whom they have been notified does not have the right to rent within the 28-day window that the Bill permits.

It is important to note that while a prosecution might not be taken out against a landlord seeking to evict a tenant without the right to rent, simply deeming him to have committed a criminal offence can cause extensive difficulties, especially with mortgage lenders and insurers. The fact that no prosecution has been taken does not mean that the landlord has not committed an offence. Most contracts relating to property contain a prohibition on using the property unlawfully.

While an amendment would be the clearest way of addressing this issue, in addition, clear guidance should be issued by the Director of Public Prosecutions outlining: first, that prosecutions will not take place where a landlord who has been informed that their tenant does not have the right to rent has done everything possible to check the status of that tenant and is within the 28-day eviction period; secondly, that landlords will not be prosecuted where they have fallen victim to forged documents from a prospective tenant that they could not reasonably have been expected to recognise as false; thirdly, that landlords will not be prosecuted where they were unable to receive a letter from the Secretary of State notifying them that the tenant did not have a right to rent due to hospitalisation or other reasonable measure that might prevent them reading and acting on a notice; and fourthly, how he intends to proceed with the Government’s commitment that landlords will not be prosecuted for a first offence.

This amendment is supported by the Residential Landlords Association, which looks after the interests of more than 40,000 landlords, and by the Association of Residential Letting Agents. Its managing director, David Cox, commented:

“It would be unjust and inequitable for a landlord to be in breach of the law through no fault of their own, irrespective of whether the Government has outlined it will not prosecute in such circumstances. Being in breach of legislation will cause landlords great concern, and therefore, we request these technical amendments be incorporated into the Bill to ensure the spirit of the legislation is reflected in the wording of the Bill”.

I could not have put it better myself.