Landlord asking for proof of ID/ immigration status

[Lund]

We have been in our rental property for 3 years and have recently signed another 12 month contract. The landlord has a bee in his bonnet about the new rules to do with landlords checking the status of new tenants, and has asked for us to send him copies of our passports.

As far as I can see, the new legislation applies only to new tenancy agreements. Does he have any right to request this of us? We (DH and I) were both born in the UK and have lived here all our lives, from British backgrounds, working here etc etc. We have nothing to hide. We just don't appreciate this infringement of our privacy.

We have said no, politely, and this is his latest email

'I contacted my auditor and he confirms it is mandatory to have ID copies of tenants. So kindly send me copies of your driving license or Passport. I can’t take any risk on this matter as the law has become very strict on this.

Are you having british PP or other nationality? Kindly confirm urgently.'

Can anyone advise if we are within our rights to refuse this request? Thanks

Is there another bit of legislation that I don't know about? I have lived in rentals for many years (far too many!!) and have never had to do this before. He definitely seems to be asking in response to the new legislation, which we wouldn't come under.

Is there another bit of legislation that I don't know about? I have lived in rentals for many years (far too many!!) and have never had to do this before. He definitely seems to be asking in response to the new legislation, which we wouldn't come under.

oops! - didn't seem to post first time.

Thanks for all opinions on this - very helpful.

cant you just send it? its hardly an invasion of privacy

Isn't there massive fines if people live illegally in the uk? Seems this landlord is dammed if he does and dammed if he doesn't

Isn't there massive fines if people live illegally in the uk?

Ppl get deported if they live illegaly. Unless i have missunderstood your question ohdear?

If employers employ people who live here illegally they get fined. Is it not the same for landlords ?

I think I've worded it better

ohdear At the moment LLs don't get fined if illegal immigrants are living in their property but they are introducing new legislation that says LLs will be fined or even imprisoned if they are housing immigrants who don't have permission to be here.

There's a trial of the scheme in the West Midlands so LLs there are already subject to it.

Lund I think the photo ID is partly to satisfy money laundering legislation which has tightened up considerably in recent years but I'm not entirely sure and not in my office just now to check

Just google it and send him the documents stating "new" tenant is someone who hasn't lived in the property before the law. As far as a contract, you are a "new" tenant every time you make a new contract and you have to resecure the deposit, so he's probably just confused. It was the first Google hit

www.gov.uk/government/uploads/system/uploads/attachment_data/file/226711/summary.pdf

If the statute's wording is that landlords are liable for housing anyone not legally entitled to be in the country, then presumably it doesn't matter when the contract was signed. It's your presence in their property that is the problem.

I don't really understand why you object, tbh. You've had to hand over that data for employment for a long time, and you will to any future landlord now. He's not asking to be difficult or nosy, he's worried about potential liabilities to himself. That seems eminently reasonable, so why not just set his mind at rest and enjoy your tenancy?

Haven't read it (or the link, sorry) so if the wording is all new contracts I do understand why you are irritated. But again, I can understand his concern, too. Be easier to placate him, no? You'll have to if you ever move, anyway.

The current rules are W Midlands only and for new tenancies, excluding the renewal of an existing one. So the OP is not obliged to do this currently.

When she is obliged to do it, she might be concerned about the security measures the LL has put in place to hold the data in accordance with the law. You might also be concerned about how your employer is doing this, it depends on the size of the firm. As many landlords are just private individuals the chances of them understanding their data protection obligations are quite small (and as a LL I think way too onerous, not to mention LLs are not trained in any kind of identity document verification that would allow them to detect a fake passport from a real one or verify that a crime number is real or any of the other proofs that a tenant can offer).

If I were a LL I would ask for it as they can go to prison when the new rules come in and in my view surely every time you sign once a year that is a new contract.

The trouble is like all jobsworth Governments which nanny state us and introduce new silly laws any illegal immigrant with half a brain will be the one with the fake passport anyway so all we do with these kinds of rules is cause huge hassle for the law abiding.

Not the same situation but as an academic, when I go to another university to do an examination (e.g as an external examiner for someone else's PhD), I have to produce my passport to show that I'm legally allowed to work here. The administrator takes a copy of my passport,in colour. We do the same for professors coming to our place to examine our students. At one point it was for all international colleagues. Now it's for all, British, EU and everyone else.

People get twitchy about it, but there's no choice apparently. If you think about it, it's complete madness given that the original employers would be in deeper trouble if they had hired someone illegally, than the other university who only wants you there for a couple of hours to do an examination.

It isn't a new contract according to the government, though, RedDaisyRed, so for now the OP does not have to comply.

NK5, do you know how the uni stores the copy and for how long? I would bet they've no idea what they're meant to do with it, so how a landlord is meant to is beyond me.

I've no idea! That's a good question. And it isn't anyone senior who takes a copy of it. A lot of the time it's the administrator who organised the parking permit, the date and time of the exam who takes it. How they store it... Well. And who else gets to see it...I don't know either.

A LL might need it to check identity and for money laundering issues. As a lawyer I MUST have ID before I give anyone advice at all. There are lots of people subject to these rules.

I would never have introduced the new rules if I were the Government. it is yet more regulation heaped upon small businesses day in day out and this Government is no better than the Labour lot in terms of regulatory burden - they are both over regulated big state. Ugh.

if the OP has been ID checked at the start of a previous tenancy, no need.

but yes - landlords throughout England will shortly be responsible for ensuring that tenants have the right to be in the UK. If they don't check they can be fined/imprisoned. Idea is to stop the beds-in-sheds thing. In practice it will just piss off tenants and add more admin.

However no decent landlord will risk jail (the beds-in-sheds lot won't care). So when you rent in future, be prepared to show your passport or similar. If you don't, you may not get a rental.

well, everyone wanted more regulation of landlords...

Is there another bit of legislation that I don't know about? the Money Laundering Regulations would require ID but I'm not sure if landlords fall under those regulations or not.

Ask him ot get a copy from the agency who would have a copy from the start of the tenancy.

Sorry i mean that I know money laundering regulations apply to the professional property bodies like Association of Residential Managing Agents but not sure if they apply to individual landlords

If the landlord actually required this proof, Kew, he has to see the original. However, as the legislation does not apply in this case it's a moot point.

There is certainly a lot of fraud out there. Sometimes someone will say they are Mr X and someone different moves into the flat. It is totally unfair the way the state is putting more and more responsibilities on landlords and employers and indeed those professionals like lawyers taking on a client to do 30 minutes work for them. Admin gone mad.

I can understand why he wants the information, as he is trying to protect himself, but is there also not something about providing you with privacy information and how the information he holds on you will be used and stored? I'm a member of an organisation where they want a copy of your ID every year to prove residential address, but they only keep it in a filing cabinet in the middle of the office. I refused to allow them a copy, but I pay the membership over the counter and show them my ID and they mark the form saying 'Drivers Licence sighted' and sign and date it. Everyone's happy. Perhaps talk to him, explain your concerns (not from a 'why do you want to know' but from 'I understand you want it, but here's why we're concerned, can we compromise by doing xxxxxxx'.)

Actually according to the Code of Practice "Landlords must make a clear copy of each document in a format which cannot later be altered, and retain the copy securely: electronically or in hardcopy. Landlords must retain a record of the date on which the check was made, and retain the copies securely for at least one year after the tenancy agreement comes to an end."

(The same probably applies to your organisation, MidniteScribbler).

If the legislation applied to OP (which it doesn't) there isn't much room for compromise. I would imagine when I get my renewal notice for landlords' insurance through it will have increased to cover me against the costs of a data breach by my agency, either holding the data too long or not holding it securely enough or in a sufficiently tamper-proof manner.

The intention seems to be to make it onerous not to have a national identity card.