Right to Rent – Important Reminder

A reminder to all landlords that from the 1st February 2016, all private landlords in the private rented sector in England, will have to check new tenants have the right to be in the UK before they can rent out their property. This will affect any new tenancy in England that starts on or after 1^st February 2016.

Under right to rent, landlords are obligated to check the immigration status of tenants to ensure they are legally allowed to be in England. They also have to report those who are not to the Home Office.

If landlords are found guilty of breaking the rules they face fines of up to £3000. The Home Office has remarked that the new rules will make it harder for illegal immigrants to stay in the UK and make it easier to tackle rogue landlords who house them.

It is also important to remember that landlords in England must carry out these checks in the 28 day period leading up to the start of the tenancy. It takes time for the necessary documents to be produced, verified and copied so keep in mind the deadline in order to avoid falling foul of the rules. The checks need to be made using original documents and in the presence of the holder of that document, or with them available by video link. Landlords are also required to keep copies of the original documents.

Responsibility for the checks can be passed onto letting agents. However, you must remember that this needs to be in the form of a written agreement or otherwise they will be considered your responsibility.

If you have any queries about how these changes could affect you, please don’t hesitate to contact Orchard & Shipman today. As a company with over 25 years’ experience dealing with private landlords, our team of experts understand the impact a change in government policy can have. We’re readily available to guide and advise you through these sometimes confusing changes in legislation.