Right to Rent checks on new tenants come into effect

Landlords in England now have to carry out Right to Rent checks on potential tenants to make sure they are entitled to stay in the UK.

The new regulations came into force on 1 February. They will affect you 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.

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.

Immigration Minister James Brokenshire said: “Many responsible landlords have already been undertaking similar checks – these are straightforward and do not require any specialist knowledge.

“Right to rent is part of the government’s wider reforms to the immigration system to make it stronger, fairer and more effective. Those with a legitimate right to be here will be able to prove this easily and will not be adversely affected.

“The scheme is about deterring those without the right to live, work or study in the UK from staying here indefinitely.”

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