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Right To Rent Checks Introduced - Government's on-going reforms to the immigration system

From 1 February 2016 private landlords in England have to carry out right to rent checks on prospective tenants and other authorised occupiers when granting a tenancy. Those who do not carry out the new checks are at risk of a potential penalty of up to £3,000 per tenant.

The new checks apply to all new tenants to ensure they have the right to rent property in England. The right to rent only exists where a tenant is a:

  • British citizen;
  • Citizen of a country in the EU or EEA; or
  • Citizen of another country with no time limits on your permission to live in the UK (such as indefinite leave to remain).
If the tenant is only allowed to stay in the UK for a limited time, landlords are required to complete the relevant checks in the 28 days before the start of the tenancy. If a tenant has an outstanding immigration application or appeal with the Home Office, you can request a Home Office right to rent check.

How to make a right to rent check

  • Check adult tenant(s) will live in the property as their only or main home;
  • Ask tenant(s) for the original document(s) that show they have the right to be in the UK;
  • Check the documents are valid with the tenant present;
  • Make and keep copies of the documents and record the date you made the check.
Acceptable documents include:
  • 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;
In the event that the tenant fails the Right to Rent checks, the landlord is required to notify the Home Office and may face a fine in the event they fail to do so.

Posted on 02/28/2016 by Ortolan

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