Right to Rent Checks
What Are Right To Rent Checks?
The Immigration Act 2014 introduced a legal obligation on landlords in England to verify the immigration status of prospective tenants and occupiers, known as the a Right to Rent Scheme. This legislation places a duty on landlord - and tenants who sublet to take in lodgers - to carry out Right to Rent checks on all adult occupiers aged 18 or over before allowing them to occupy residential premises. The aim of the legislation is to prevent individuals without lawful immigration status from accessing rented accommodation in the UK.
What Happens If I Don't Undertake A Right To Rent Check?
The Immigration Act 2016 further strengthened the enforcement of these duties by introducing criminal sanctions. Under sections 33a and 33b, it became a criminal offence for a landlord to knowingly rent a property to a person who does not have the right to reside in the UK. It is also an offence to have reasonable cause to believe that a tenant or lodger does not have lawful immigration status and to proceed with the letting or continue to allow occupation. Penalties for Non-Compliance provides information on the range of penalties that can be issued against a landlord for failing to comply with the regulations.
Where a letting agent has been appointed and formally assigned responsibility for Right to Rent compliance through a Right to Rent Responsibility Transfer Agreement with the landlord, the agent assumes full legal responsibility for conducting these checks. The checks must be undertaken before the start of any tenancy agreement and apply to all adults who will occupy the property, regardless of whether they are named on the tenancy agreement.
How Do I Undertake A Right To Rent Check?
There are Categories of Right to Rent which mean there are different requirements when checking particular documents. Undertaking Right to Rent Checks and Staying Compliant is important for landlords and Lettings Agents to ensure compliance.
It is crucial that landlords and letting agents have robust systems and procedures in place to ensure ongoing compliance with the Right to Rent regime. Please select from the options below for more infomation: