Implementing the Right to Rent Requirements in Student Accommodation
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1 Implementing the Right to Rent Requirements in Student Accommodation Main Issues Part 1 Hilary Crook, Solicitor, Hatch Legal Extracts from Acts of Parliament and Statutory Instruments are taken from are Crown Copyright and are reproduced under the open government licence. This training material is Hatch Legal 2016
2 Who has to comply - Overview Everyone who rents out property for residential purposes U N L E S S the tenancy agreement is excluded
3 Who does not have to comply? Residential, but not only or main residence (eg holiday or conference accommodation) Landlords of excluded agreements, including: Social housing and local authority housing Care homes Hospitals, hospices, healthcare provision Hostels and refuges Tied accommodation
4 What about ME??
5 Excluded Agreements for Student Accommodation Tied accommodation Accommodation provided by employer to employee in connection with a contract of employment Student accommodation Accommodation in a building used wholly or mainly for accommodating students and Satisfies ONE of two conditions.
6 The Student Accommodation Conditions No 1 Occupation will be in a building owned or managed by an institution established solely or mainly to provide courses of further or higher education OR A body established for charitable purposes only
7 The Student Accommodation Conditions No 2 Occupation will be in a building that is a hall of residence
8 What is a Hall of Residence? social housing means care home means hospital has the meaning hospice means hostel means tied accommodation means long lease means.
9 What is a Hall of Residence? The Immigration Act won t tell you What the Code of Practice has to say Finance Act 2004, Schedule 29A, para 8(b) a hall of residence for students is not residential property
10 What is a Hall of Residence?
11 Nominations An agreement under which accommodation is provided to a student who has been nominated to occupy it by a specified body, eg university or body established for charitable purposes only
12 What do I need to do?
13 Agreements excluded?
14 Agreements not excluded? Consider a nominations agreement Put proper procedures in place Establish a statutory excuse
15 The Statutory Excuse Compliance with prescribed requirements Blame the agent Notify the government
16 The Statutory Excuse Cannot be used if the landlord or agent KNEW that they were letting to someone who did not have a right to rent
17 The prescribed requirements Obtain prescribed documents from the prospective occupier Take steps to verify, retain, copy or record such documents When?
18 The documents One document from List A; OR Two documents from List B or Positive RTR Notice from the Landlord Checking Service
19 List A* Passport of the right kind National ID card of the right kind Unexpired permission to stay in UK Home Office registration certificate Permanent residence permit Biometric immigration document Naturalisation certificate *(examples given for illustration see full list in the Order for details)
20 List B* Full UK birth or adoption certificate Government department letter Letter from British passport holder Letter from employer, police, armed forces or prison services Driving licence Firearm/shotgun licence *(examples given for illustration see full list in the Order for details)
21 How do I verify documents? Check validity Check photograph ~ date of birth Take all reasonable steps to check the prospective occupier is rightful owner Passports [hard] copy pages showing personal details, photo, signature, expiry, entitlement to be in UK Other documents, including travel cards copy whole document
22 How do I verify documents? Record the date the copies were taken Keep copies for at least a year after the end of the tenancy agreement Take all reasonable steps to identify additional occupants
23 Practical Considerations Signing up at the property Signing up on line Data Protection Act Equality Act
24 Top Tips Prepare a policy Train staff on following the policy Review policy from time to time Adjust and enforce policy as necessary
25
26 Implementing the Right to Rent Requirements in Student Accommodation Main Issues Part 1 Hilary Crook, Solicitor, Hatch Legal Extracts from Acts of Parliament and Statutory Instruments are taken from are Crown Copyright and are reproduced under the open government licence. This training material is Hatch Legal 2016
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