In the biggest shake up of civil penalties since 2014, the Home Secretary announced on 7 August 2023, that fines for landlords letting property to illegal migrants are to be more than tripled.

Landlords and right to rent checks

Landlords must conduct a right to rent check to determine whether their tenants can legally rent any residential property in England. All tenants aged 18 or over must be checked, even if they are not named on the tenancy agreement; if the tenancy agreement is not in writing; or if there is no tenancy agreement.

What are the current fines for letting property to illegal migrants?

The current fines differ depending on whether the person letting the property is deemed as an occupier or a lodger. The current fines for renting property to illegal migrants are:

Lodger

  • First time breach: £80
  • Repeat breaches: £500

Occupier

  • First time breach: £1,000
  • Repeat breaches: £3,000

How much will the penalties increase to?

The penalties will be more than tripled and will increase to:

Lodger

  • First time breach: £1,000
  • Repeat breaches: £10,000

Occupier

  • First time breach: £5,000
  • Repeat breaches: £20,000

When will the increased fines be implemented?

The new fines will be come into force in 2024, but the exact date is yet to be published. Much speculation suggests that they will come in as early as the first quarter of 2024.

The Home Office have also indicated that towards the end of 2023, they will consult on options to strengthen action against licenced businesses who are employing illegal workers.

Why are the fines increasing?

The Minister for Immigration Robert Jenrick said:

Making it harder for illegal migrants to work and operate in the UK is vital to deterring dangerous, unnecessary small boat crossings. Unscrupulous landlords and employers who allow illegal working and renting enable the business model of the evil people smugglers to continue.

"There is no excuse for not conducting the appropriate checks and those in breach will now face significantly tougher penalties".

Next steps

With the increased penalties set to come in from early 2024, landlords should take this opportunity to ensure that they are up to date with the legal requirements and that the correct checks have been carried out on all tenants.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.