Landord or enforcement officer?

The world of property investment and management is one of constant change and increasing complexity. Recent legislation has introduced many new rules and regulations that appear to be designed to keep landlords on their toes and at risk of falling foul of the law.  Yet, surprisingly, some private landlords persist in trying to be experts in the legislation and taxation governing the lettings industry.

As letting agents, BestLet Anglia has to collect taxes on the government’s behalf. We have to be sure that any overseas landlords are registered with HMRC and, if they are not, we have to deduct tax and complete tax returns for them. We don’t get paid for this service.

More recently we have become immigration officers. Today landlords have to guarantee that prospective tenants have the right to rent in the UK, by checking the immigration documents of every individual to confirm that they have legal resident status and are therefore eligible to rent a property. If any of them have a visa that expires during a tenancy, we have to make sure they apply to renew it in good time.

Failure to comply with these regulations has serious financial ramifications. Currently there is a civil penalty of £3000 for accepting a tenant who does not have a legal right to rent but, once the latest immigration act comes into force, this will become a criminal offence that could lead to a jail sentence.

Checking the legal status of overseas applicants is not simple or straightforward, as you have to carry out checks without contravening discrimination regulations! Also, if your tenants include children, you have to be certain that they really are minors and have the right to stay in the UK. As you may have gathered from media reports proving the age of a young person can be problematic.

Trivial mistakes, whether in complying with taxation or immigration regulations, can result in a landlord being taken to court and facing a hefty fine or prison. Becoming an expert in property legislation takes time and training. So why not hand over these onerous tasks to experienced letting agents with an excellent track record.

BestLet Anglia’s experts are up to date and well versed in immigration legislation covering the right to rent. We have well-established systems and procedures for undertaking full references of tenants, as well as checking current and previous employers, and landlords. For instance, we check court registers to see if there are any judgements against prospective tenants and can also carry out DBS* checks, which may be necessary if we are letting a property where young children live.

Don’t tear your hair out trying to understand and keep abreast of every ruling issuing from HMRC or the Home Office, let us do it for you. It’s worth it!

*DBS (Disclosure and Barring Service) checks replaced CRB checks a few years ago

Landord or enforcement officer?

Tags: landlord, dbs, regulations, tenant checks, HMRC
Posted on Nov 27 2019 by Alan Croft
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