Right to Rent

The ‘right to rent’ Immigration Check Scheme becomes law on 1 February 2016. It applies to all residential landlords in England, including agents and householders letting or sub-letting residential property and requires them to check that new tenants and occupiers have a right to be living in the UK. There is no requirement to check the right to rent of existing tenants and occupiers. The new responsibilities for landlords include establishing how many adults are using the property as their only or main home and ensuring all checks are carried out. This means obtaining original copies of one or more of the acceptable documents showing proof that each adult is eligible to live in the UK, checking the document in front of the potential occupier and making and retaining a copy of the document, recording the date of the check. Failure to comply with the requirements correctly may result in a penalty of up to £3,000 per breach. Landlords can chose to pass this responsibility (in writing) to an agent.