From the 1st February 2016, all private landlords
in England will have to check a potential tenant’s right to be in and live in
the UK. This is from the Immigration Act
2014.
Who needs to make ‘Right to Rent’ checks?
Anyone who is a private landlord, who has a lodger, is
sub-letting a property or is an agent appointed on behalf of a landlord will
have to make those checks.
How does a landlord/agent
make ‘Right to Rent’ checks?
A landlord or agent must check the right of every potential
tenant to reside in the UK. Checks must be carried out on every adult tenant
(any person over the age of 18) who will live in the property as their only or
main home.
Tenants must provide original documents that show they have a
right to live in the UK – there is a full list on the government website linked
below. All documents must be checked with the tenant present and the
landlord/agent must keep copies of the documents and record the date of the
check.
Acceptable documents include, but are not limited to:
-
UK passport
-
EEA passport or identity card
-
Permanent residence card or travel document showing
indefinite leave to remain
-
Home office immigration status document
-
Certificate of registration or naturalisation as a
British citizen
What if the tenant has an
outstanding immigration application or appeal?
If this is the case, you can request a Home Office right to
rent check.
What are the repercussions
for not following the ‘Right to Rent’
checks?
If a landlord is found to be non-compliant, a fine of up to
£3,000 can be issued if they have rented a property to someone who is in the UK
illegally.
If you have made the checks and kept all relevant copies of documents
checked as required, a landlord will have a statutory excuse against a penalty
for letting to someone who does not have the right to live in the UK.
Below are links to the relevant legislation on the government
website.
Immigration Act 2014
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