How the new right to rent checks will affect landlords

The Home Office has released details of how landlords will be expected to carry out right to rent checks to make sure tenants are entitled to be in the UK.

From 1 February 2016, you will be affected if you are a private landlord, have a lodger, are sub-letting a property or are an agent appointed by a landlord to carry out right to rent checks.

If you come under any of these categories then you will need to:

• Check adult tenants will live in the property as their only or main home.

• Ask tenants for the original documents that show they have the right to be in the UK. Acceptable documents include a UK passport, EEA passport or identity card, permanent residence card or travel document showing indefinite leave to remain, a Home Office immigration status document, and a certificate of registration or naturalisation as a British citizen.

• Check the documents are valid with the tenant present.

• Make and keep copies of the documents and record the date you made the check.

You can request a Home Office right to rent check if a tenant has an outstanding immigration application or appeal with the Home Office.

Landlords could be fined up to £3,000 if they don’t make the checks and rent out a property to someone who is in the UK illegally.

Please contact Santokh Singh about the issues raised in this article or any aspect of commercial property law.