Comyn & James
As of the 1st February 2016, no tenancy can legally commence until the right to rent has been established. But what exactly is right to rent? Here is a very brief overview.
Before a property is legally rented, all landlords have to confirm that the tenants have the right to rent residential property in the UK. And, under Section 22 of the Immigration Act 2014, landlords should not authorise an adult to occupy a rented property unless the adult is a British Citizen, is a European Economic Area citizen, or Swiss National, or has a Right to Rent in the UK.
Who needs to be checked?
Landlords or the lettings agent must check that a tenant or lodger can legally rent the residential property in England.
Before the start of a new tenancy, they must make checks for all tenants aged 18 and over, even if:
• they’re not named on the tenancy agreement
• there’s no tenancy agreement
• the tenancy agreement isn’t in writing
All new tenants must be checked.
If the tenant is only allowed to stay in the UK for a limited time, the check needs to be undertaken in the 28 days before the start of the tenancy.
Some types of accommodation are excluded from these checks. Click here to view these types. There is no need to check tenants in some types of accommodation (e.g. social housing and care homes).
How will tenants be checked?
All landlords and lettings agents have to check original documents to make sure a tenant has the right to rent in the UK.
What will happen if a tenant fails to pass the checks?
If a tenant fails to pass the checks, the landlord or letting agent cannot legally allow the tenant to rent the property.
Landlords and lettings agents must make further checks on their tenants to make sure they can still rent property in the UK, if their permission to stay is time limited.
If tenants fail to pass the further checks, they may be evicted from the properties.
What could happen to landlords if they fail to comply?
Landlords can be fined if they rent their property to someone who isn’t allowed to stay in the UK and you / they can’t show that they checked a tenant's right to rent.
Can landlords delegate the responsibility to a lettings agent?
Landlords can ask any agents that manage or let their property to carry out the check on their behalf. All landlords and lettings agents should have this agreement in writing.
If a tenant sub-lets the property without the landlord knowing, they’re responsible for carrying out checks on any sub-tenants.
For further information on right to rent, please visit gov.uk
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