Right To Rent

Posted on: 25 April 2016

Right To Rent Checks - What you need to know.

 

Being a landlord is much more than just finding a great tenant and handing over the keys. It’s a legal responsibility and one that changes over time so it’s important to keep up to date with the latest rules and regulations.

 

One such change is the Right To Rent checks.

 

 

 

The UK government introduced a new set of rules in February 2016 in an effort to clamp down on illegal immigration. This means that landlords are now required to check whether or not their prospective tenants are British citizens or have the correct paperwork to reside in the United Kingdom.

Failure to comply with the rules means that landlords will face a possible £3,000 penalty.

 

You will be required by law to make checks whether you’re a private landlord, have a lodger, are subletting or if you are an agent appointed by the landlord to carry out the right to rent checks.

All tenants over the age of 18 MUST be checked even if they are not named on the tenancy agreement or if there’s no tenancy agreement in place.

 

There are however some exclusions. These include local authority accommodations, social housing, care homes or other healthcare provisions, hostels, mobile homes, student accommodation and long leases.

 

So, how do you know who has the right to rent in the UK?

 

There are three main categories which potential clients will fall under.

 

  1. Unlimited Right To Rent
    These are British Citizens, EEA or Swiss nationals. It also includes people who have been granted an indefinite leave to remain or those who have the right to abode in the UK.
  2. Time Limited Right
    These are people who are not British citizens, EEA or Swiss nationals, but have been granted valid leave to enter or remain in the UK for a certain period of time. They may also be entitled to remain in the United Kingdom because of an enforceable right under EU law.
  3. No Right To Rent
    People in this category require permission to stay in the UK but don’t have it. If you rent your property to someone in this category then you’re liable for a civil penalty.

 

In order not to be fined and to stay within the rules and regulations of the new Right To Rent checks then you must check the following before letting out your property to a potential tenant.

 

1. Check how many adults will be living in the property as their only or main home - It will be classed as a main home if they spend the majority of their time at that address and it’s a property where they keep their belongings as well as being registered for services such as healthcare.

2. You must check their documents - Acceptable documentation includes a UK or EEA passport, an EEA identity card, a UK immigration status document, a passport endorsed with unlimited leave, an EEA/Swiss family member residence card or a certificate of naturalisation or registration as a British citizen.

 

It’s also important that the potential tenant is present at the times of the checks, this is so that you can make sure the documents you’re presented with do infact belong to the tenant and that the dates the tenant has been granted to stay in the UK haven’t expired.

It’s vital that you always make and keep copies of these documents and record the date that you made the checks. This protects you should there be any further issues.

 

If you feel as though your tenant no longer has the right to rent then you MUST report it to the Home Office as soon as you become aware of the situation. The report is to be made in writing and can be emailed or sent via the postal service.

 

If you want to discuss any Sales or Lettings issues in our local property market just email on the Ask Alan section of our new website. http://bit.ly/1JMmIWA

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