Right to rent: A prospective guide for landlords and tenants

Since February 2016, the ‘Right to Rent’ legislation has been in place. It requires landlords to verify the qualifications of any prospective tenants before renting a home in the United Kingdom. Before agreeing to a new tenancy, all private landlords letting property in England will be allowed to verify the resettlement status of prospective tenants.

This article compiles the guidelines designed to assist tenants, landlords, and letting agents in conducting effective right-to-rent checks and avoiding civil penalties.

What should the landlords check?

The rules for landlords about who should be subjected to a Right to Rent search are reasonably straightforward and simple to understand. Anyone renting out your property over the age of 18 must be tested if they want to use the property as their primary residence, regardless of their nationality:

·       It would be best if you reside in the United Kingdom. It implies that you must have a work or a study permit.

·       You are a British or European Economic Area resident (EEA)

·       The tenant should have a status of indefinite stay or settled status.

·       You are a refugee or have been granted humanitarian aid.

·       The Home Office has given you a restricted right to rent for a period.

Remember: The records should be authentic and not tampered with in any way. If names do not fit across records, the explanations should be recorded, along with supporting evidence.

What does this mean for the tenants?

A landlord cannot legally rent a property to someone who does not pass a right to rent check. When a landlord learns that tenants are not legally allowed to rent the Home Office will issue a disqualification notice that will terminate your tenancy.

What are the implications if you don't comply?

Landlords may face fines of up to £3,000 if found in violation of the Immigration Act 2014. However, the penalty does not apply only to landlords.

A landlord can also commit this offence when a tenant's "right to rent" has expired during the tenancy. Therefore, if tenants have temporary permits, for example, landlords and agents must keep track of the dates and ensure they are aware of any updates.

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