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Written Question
Undocumented Migrants: Private Rented Housing
Tuesday 31st January 2017

Asked by: Stuart C McDonald (Scottish National Party - Cumbernauld, Kilsyth and Kirkintilloch East)

Question to the Home Office:

To ask the Secretary of State for the Home Department, how many civil penalty notices issued under the right to rent legislation were (a) first-time penalties for the landlord concerned and (b) second or at subsequent penalty for a landlord.

Answered by Robert Goodwill

Phase 1 of the Right to Rent scheme ran in the West Midlands from 1 December 2014 to 31 January 2016. Phase 2 of the scheme started across England from 1 February 2016.

During phase 1 of the scheme, 15 landlords were issued with a civil penalty. Since the start of phase 2 of the scheme, 91 landlords have been issued with a civil penalty. All were first time penalties. 55 related to lodgers in a private household and 51 related to occupiers in rented accommodation.

There have been no appeals under the scheme. The total amount collected from the scheme up to 13 December 2016 is £29,575.31.


Written Question
Undocumented Migrants: Private Rented Housing
Tuesday 31st January 2017

Asked by: Stuart C McDonald (Scottish National Party - Cumbernauld, Kilsyth and Kirkintilloch East)

Question to the Home Office:

To ask the Secretary of State for the Home Department, how much her Department has received from payment of civil penalties under right to rent schemes.

Answered by Robert Goodwill

Phase 1 of the Right to Rent scheme ran in the West Midlands from 1 December 2014 to 31 January 2016. Phase 2 of the scheme started across England from 1 February 2016.

During phase 1 of the scheme, 15 landlords were issued with a civil penalty. Since the start of phase 2 of the scheme, 91 landlords have been issued with a civil penalty. All were first time penalties. 55 related to lodgers in a private household and 51 related to occupiers in rented accommodation.

There have been no appeals under the scheme. The total amount collected from the scheme up to 13 December 2016 is £29,575.31.


Written Question
Undocumented Migrants: Private Rented Housing
Monday 30th January 2017

Asked by: Baroness Lister of Burtersett (Labour - Life peer)

Question to the Home Office:

To ask Her Majesty’s Government, further to the Written Answer by Baroness Williams of Trafford on 9 January (HL3406), where prospective tenants who are denied access to the private rented sector under the right to rent scheme are housed pending their deportation or voluntary departure.

Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)

Individuals who are complying with the Home Office as part of the voluntary returns process may be granted permission to rent ahead of their departure.

People who are denied access to the private rented sector are expected to return home. Advice and support is available to help people with no right to be here return to their home countries.

It is open to people to make temporary living arrangements which are not covered by the Right to Rent scheme ahead of their return home, in hotel accommodation.


Written Question
Undocumented Migrants
Tuesday 24th January 2017

Asked by: Stuart C McDonald (Scottish National Party - Cumbernauld, Kilsyth and Kirkintilloch East)

Question to the Home Office:

To ask the Secretary of State for the Home Department, what information her Department holds on the number of undocumented migrants who have (a) left the UK voluntarily, (b) been made homeless and (c) occupied unsuitable or dangerous accommodation as a result of their being unable to access the private rented sector due to the provisions of the right to rent scheme.

Answered by Robert Goodwill

As with right to work checks, the Right to Rent scheme is predicated on checks being carried out by third parties (in this case landlords and lettings agents). This means that the majority of illegal migrant prospective tenants will be denied access to the private rented sector as a result of these checks with no intervention by enforcement officers or reference to the Home Office.

Monitoring of the effects of the Right to Rent scheme on landlords and tenants is ongoing through the expert Landlords Consultative Panel, co-chaired by the Immigration Minister and Lord Best, an acknowledged expert in the fields of housing and planning. The Panel comprises bodies representing landlords, lettings agents, housing charities, local authorities and the Equality and Human Rights Commission amongst others. The Panel meets periodically, and communication channels outside these meetings allow for reporting by private rented sector and third sector groups of the experience of those they represent.


Written Question
Undocumented Migrants: Social Rented Housing
Thursday 19th January 2017

Asked by: Stuart C McDonald (Scottish National Party - Cumbernauld, Kilsyth and Kirkintilloch East)

Question to the Home Office:

To ask the Secretary of State for the Home Department, how many undocumented migrants who have been denied access to the private rental market under the right to rent scheme have subsequently been (a) housed by a local authority and (b) referred by a local authority to a housing scheme.

Answered by Robert Goodwill

The Home Office does not hold the figures requested. This is because as with right to work checks, the Right to Rent scheme is predicated on checks being carried out by third parties (in this case landlords and lettings agents). This means that the majority of illegal migrant prospective tenants will be denied access to the private rented sector as a result of these checks with no intervention by enforcement officers or reference to the Home Office.

An evaluation of the first six months of the scheme, published by Home Office Science in October 2015, showed there was no evidence of an increased burden on local authorities in the West Midlands. Monitoring of the effects of the Right to Rent scheme on landlords and tenants is also ongoing through the expert Landlords Consultative Panel, co-chaired by the Immigration Minister and Lord Best, an acknowledged expert in the fields of housing and planning. The Panel comprises bodies representing landlords, lettings agents, housing charities, local authorities and the Equality and Human Rights Commission amongst others. The Panel meets periodically, and communication channels outside these meetings allow for reporting by private rented sector and third sector groups of the experience of those they represent.


Written Question
Undocumented Migrants: Children
Thursday 19th January 2017

Asked by: Stuart C McDonald (Scottish National Party - Cumbernauld, Kilsyth and Kirkintilloch East)

Question to the Home Office:

To ask the Secretary of State for the Home Department, how many children of undocumented migrants who have been denied access to the private rental market under the right to rent scheme have subsequently applied for support under section 17 of the Children Act 1989.

Answered by Robert Goodwill

The Home Office does not hold the figures requested. This is because as with right to work checks, the Right to Rent scheme is predicated on checks being carried out by third parties (in this case landlords and lettings agents). This means that the majority of illegal migrant prospective tenants will be denied access to the private rented sector as a result of these checks with no intervention by enforcement officers or reference to the Home Office.

An evaluation of the first six months of the scheme, published by Home Office Science in October 2015, showed there was no evidence of an increased burden on local authorities in the West Midlands. Monitoring of the effects of the Right to Rent scheme on landlords and tenants is also ongoing through the expert Landlords Consultative Panel, co-chaired by the Immigration Minister and Lord Best, an acknowledged expert in the fields of housing and planning. The Panel comprises bodies representing landlords, lettings agents, housing charities, local authorities and the Equality and Human Rights Commission amongst others. The Panel meets periodically, and communication channels outside these meetings allow for reporting by private rented sector and third sector groups of the experience of those they represent.


Written Question
Undocumented Migrants: Private Rented Housing
Friday 13th January 2017

Asked by: Stuart C McDonald (Scottish National Party - Cumbernauld, Kilsyth and Kirkintilloch East)

Question to the Home Office:

To ask the Secretary of State for the Home Department, what steps she is taking to (a) measure and (b) assess the effects of the right to rent scheme.

Answered by Robert Goodwill

The Right to Rent scheme is predicated on checks being carried out by third parties (landlords and lettings agents). This means that the majority of illegal migrant prospective tenants will be denied access to the private rented sector as a result of these checks with no intervention by enforcement officers and no reference to the Home Office.

However, information about a range of factors is collected to measure the performance of the scheme itself. The Right to Rent scheme is a single measure among others which restrict access to services and benefits and encourage illegal migrants to return home.

Monitoring of the effects of the Right to Rent scheme on landlords and tenants is also ongoing through the expert Landlords Consultative Panel, co-chaired by the Immigration Minister and Lord Best, an acknowledged expert in the fields of housing and planning. The Panel comprises bodies representing landlords, lettings agents, housing charities, local authorities and the Equality and Human Rights Commission amongst others. The Panel meets periodically, and communication channels outside these meetings allow for reporting by private rented sector and third sector groups of the experience of those they represent.


Written Question
Undocumented Migrants: Private Rented Housing
Tuesday 10th January 2017

Asked by: Stuart C McDonald (Scottish National Party - Cumbernauld, Kilsyth and Kirkintilloch East)

Question to the Home Office:

To ask the Secretary of State for the Home Department, how many referral notices were issued to landlords or agents as part of the right to rent scheme between (a) 1 December 2014 to 31 January 2016 and (b) since 1 February 2016.

Answered by Robert Goodwill

The following table contains the figures from 1 December 2014 to 31 January 2016, and from 1 February 2016 to 30 November 2016. We are not able to report on part months.

The Right to Rent scheme was rolled out in parts of the West Midlands on 1 December 2014 and to the rest of England on 1 February 2016. Civil penalty referral notices are served where the Home Office finds evidence to suggest there has been a breach of the Right to Rent scheme. Not all Referral Notices result in civil penalties, as some recipients are able to demonstrate that they carried out the checks correctly, or that they are not the liable party. The scheme is not retrospective, so does not apply to tenancies which were in place before the scheme came into effect.

Table 1 - Number Referral notices issued to landlords or agents as part of the right to rent scheme between (a) 1 December 2014 to 31 January 2016 and (b) 1 February 2016 to 30 November 2016.

Period

Notices issued

01/12/2014-31/01/2016

39

01/02/2016 - 30/11/2016

152

Notes

1. This data shows the number of referral notices issued to Landlords part of the right to rent scheme between the specified period as recorded on National Operations Database (NOD).

2. These statistics have been taken from a live operational database. As such, numbers may change as information on that system is updated.


Written Question
Undocumented Migrants: Private Rented Housing
Monday 9th January 2017

Asked by: Baroness Lister of Burtersett (Labour - Life peer)

Question to the Home Office:

To ask Her Majesty’s Government how many illegal immigrants found to be residing in private rented housing have been deported since the start of the right to rent checks scheme.

Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)

From 1 November 2015 to 31 October 2016 75 initial civil penalties were issued to individual landlords of tenants who do not have the right to rent in the UK.

As with right to work checks, the Right to Rent scheme is predicated on checks being carried out by third parties (in this case landlords and lettings agents). This means that the majority of illegal migrant prospective tenants will be denied access to the private rented sector as a result of these checks with no intervention by enforcement officers and no reference to the Home Office. The sanctions set out in the Immigration Acts 2014 and 2016 in relation to the Right to Rent scheme are there to address circumstances where the scheme is not adhered to by landlords and agents.

The Home Office does not hold information about the overall numbers of illegal migrants found in private rented accommodation. However our records show that between the start of the scheme and 30 September 2016, 654 individuals were either named on a Civil Penalty Referral Notice served on a landlord, or encountered on an enforcement visit during which such a Notice was served, or encountered as a result of information provided through the Landlords Checking Service, or encountered as a result of other intelligence provided about property let to illegal migrants.

Of these individuals, 31 were removed from the UK over the same period. Other cases may be being progressed to removal, or have been made subject to reporting restrictions, or have sought to regularise their stay, or have left the UK voluntarily. The Right to Rent scheme is designed to restrict access to the private rented sector for illegal migrants in order to encourage voluntary departure from the UK and discourage illegal migration. The Home Office will always investigate information it receives about illegal migrants and take appropriate enforcement action according to the information available and the circumstances of the case. It is not always possible to attribute a return or other enforcement activity to the application of a sanction earlier in the case or to the route through which a particular individual was brought to the attention of the Home Office.


Written Question
Undocumented Migrants: Private Rented Housing
Monday 9th January 2017

Asked by: Baroness Lister of Burtersett (Labour - Life peer)

Question to the Home Office:

To ask Her Majesty’s Government how many illegal immigrants have been identified as a result of the right to rent checks scheme since its inception.

Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)

From 1 November 2015 to 31 October 2016 75 initial civil penalties were issued to individual landlords of tenants who do not have the right to rent in the UK.

As with right to work checks, the Right to Rent scheme is predicated on checks being carried out by third parties (in this case landlords and lettings agents). This means that the majority of illegal migrant prospective tenants will be denied access to the private rented sector as a result of these checks with no intervention by enforcement officers and no reference to the Home Office. The sanctions set out in the Immigration Acts 2014 and 2016 in relation to the Right to Rent scheme are there to address circumstances where the scheme is not adhered to by landlords and agents.

The Home Office does not hold information about the overall numbers of illegal migrants found in private rented accommodation. However our records show that between the start of the scheme and 30 September 2016, 654 individuals were either named on a Civil Penalty Referral Notice served on a landlord, or encountered on an enforcement visit during which such a Notice was served, or encountered as a result of information provided through the Landlords Checking Service, or encountered as a result of other intelligence provided about property let to illegal migrants.

Of these individuals, 31 were removed from the UK over the same period. Other cases may be being progressed to removal, or have been made subject to reporting restrictions, or have sought to regularise their stay, or have left the UK voluntarily. The Right to Rent scheme is designed to restrict access to the private rented sector for illegal migrants in order to encourage voluntary departure from the UK and discourage illegal migration. The Home Office will always investigate information it receives about illegal migrants and take appropriate enforcement action according to the information available and the circumstances of the case. It is not always possible to attribute a return or other enforcement activity to the application of a sanction earlier in the case or to the route through which a particular individual was brought to the attention of the Home Office.