“Right to Rent” checks rolled out in England from 1st February 2016
From the 1st February 2016, “Right to Rent” checks became effective all over England.
It is now a legal requirement in all areas of England, to check all tenants immigration status before the commencement of their tenancy. If the “Right to Rent” checks are not carried out, landlords could face a fine of upto £3000.
All landlords and their appointed agents, who let properties in England will be required to follow the guidelines for prospective tenants, before agreeing a new tenancy.
Right to Rent checks apply to:
– Private Landlords
– People who take in lodgers
– Landlords or tenants sub-letting a property
– Agents appointed by a landlord to make “Right to Rent” checks
Landlords will need to do the following to comply with the new regulations:
– Check all adult tenants who live in the property as their only or main home. (This includes adults who are not on the tenancy agreement, but live at the property)
– Request original documents from the tenants, showing they have the right to be in the UK
– With the tenant present, make sure the documents are valid (verify dates, name and likeness)
– Keep copies of the documents and record the date you made the check
Further checks will be required if a person has a restriction on their right to stay in the UK. If the tenants’ permission to stay in the UK is limited, further checks will be required by the later date of either:
– Just before the expiry of the date of their right to be in the UK
– 12 months after your first check
If you find your tenant no longer has the right to rent, you are required to make a formal report to the Home Office, which can be done by filling out an online form.
When making copies of the necessary documents it is important to ensure that you follow the data protection law and keep copies of the tenant’s documents, for at least one year after they are no longer your tenants.
You can see the full requirements of the “Right to Rent” checks at:
https://www.gov.uk/check-tenant-right-to-rent-documents
