How do I ensure my tenant is entitled to rent in the UK?

A recent high court ruling has thrown the Right-to-Rent scheme into confusion. This month, Anna Pettinger explains your current legal position…

How do I ensure my tenant is entitled to rent in the UK? Am I allowed to request ID documents as evidence?

Under section 22 of the Immigration Act 2014, it is against the law to allow someone to rent your property if they do not have the right to reside in the UK.

The Right-to-Rent scheme was introduced by the government to prevent anyone without the correct permission from renting a property and the onus is on landlords and letting agents to carry out due diligence checks.

Last month, the High Court decided the scheme breached the European Convention on Human Rights, on the basis that when letting decisions were made, it discriminated against non-UK nationals with a right to live in the UK and British ethnic minorities. It also ruled the Equality Act was being breached, as the Right-to-Rent checks may be used to discriminate directly on the grounds of nationality.

The Residential Landlord’s Association made the following comment following the high court decision; “…whilst the wording of the Act means that the Home Secretary cannot be prosecuted for this, landlords who are forced to comply with the notice can be charged under the law, as well as being at risk of a civil claim being made against them.”

This new ruling, therefore, gives existing tenants, who may not have the right to reside in the UK, a valid defence against any attempt to remove them from your property. It will allow them to take out an injunction to prevent an eviction and possibly make a claim for damages.

With this in mind, the Right-to-Rent scheme may be scrapped, but whilst it remains in force, we would advise landlords to continue carrying out the necessary checks, as they are the only way to show you have complied with the Immigration Act.

Yes, you may be at risk of a potential discrimination claim, however, if you undertake checks on ALL tenants, regardless of nationality, you cannot be considered in breach of the current law. Where a tenant was born should not be considered when deciding who you will allow to live in your property.