Right to rent

Further changes have hit the private rented sector this week and the government has issued a press release announcing an intention that, from 1 February 2016, all private landlords in England will have to check that new tenants have the right to be in the UK before renting out their property. This will be known as the “right to rent”.

Under the new rules, landlords who fail to check a potential tenants “right to rent” will face penalties of up to £3000 per tenant.

What does this mean for Landlords?

If you fall into one of the following categories, you will need to make right to rent checks if you:

• are a private landlord
• have a lodger
• are subletting a property
• are an agent appointed by a landlord to make right to rent checks

There are, however, some landlords who will not need to make the checks.

What will Landlords need to check?

Under right to rent, landlords should check identity documents for all new tenants and take copies. This will include the following:

• 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
• Check the documents are valid with the tenant present
• Make and keep copies of the documents and record the date you make the check

The government has provided guidance as to what will be accepted as documentation to show that the tenant has the right to be in the UK. Acceptable documents include:

• UK Passport
• EA Passport or identity card
• Permanent Residents Card or travel documents showing indefinite leave to remain
• Home Office Immigration Status document
• Certificate of Registration or neutralisation as a British citizen

What does this mean for Tenants?

All tenants with tenancy agreements for privately rented accommodation after 1 February 2016 will be checked by a landlord or agent to make sure they have the right to rent.

Tenants who sublet their room will have to make the right to rent checks also.

The right to rent was introduced in the Immigration Act 2014 as part of the government’s reforms to build a fair and more effective immigration system. The first phase was launched in parts of the West Midlands and these changes from 1 February 2016 are the next stage of the scheme’s national roll out.

Immigration Minister James Brokenshire has commented:

“Right to rent checks are quick and simple, and many responsible landlords already do them as a matter of routine. We are providing landlord’s in England with all the advice and support they need before the checks go live on 1 February 2016.

The new rules are part of the Immigration Act 2014 which introduced measures to reform the immigration system. Right to rent is about deterring those who are illegally resident from remaining in the UK. Those with a legitimate right to be here would be able to prove this easily and will not be adversely affected.

The government’s new immigration bill builds on the reforms in last year’s Act, making it harder for people to live and work in the UK illegally. The bill proposes new measures to make it easier for landlords to evict illegal tenants as well as a new criminal offence targeted at unscrupulous landlords who repeatedly fail to carry out right to rent checks.”

If you need any further guidance on the changes hitting the rental property sector or need specific guidance in relation to the right to rent checks, contact our specialists on 0114 218 4321.