Renting out a house can be rewarding.
But it comes with responsibilities and legal requirements.
One of these is the right to rent check.
Read on to learn what this is and how it works.
What is a right to rent check?
A right to rent check is a background check on the tenants.
It’s a legal requirement in the UK – letting agents and landlords in England follow it.
It was introduced in 2014 under the Immigration Act. The goal is to stop illegal immigrants from renting accommodation.
Landlords are fined up to £3,000 per tenant for failure to do right to rent checks. You could also be prosecuted in other ways.
The rules apply to new tenancy agreements signed after 1 February 2016. Landlords must check for valid immigration status.
This applies to all adults over 18 – even if they are not named on the tenancy agreement.
How long does a right to rent check take?
A complete right to rent check should only take 15-20 minutes per tenant.
You need to see the tenant’s original documents. Check that they are valid and belong to that person.
Then, make copies of the documents. And date them so you have a record for future reference.
The length of time can vary. It depends on how many documents you need to review.
And any follow-up checks required. Not rushing the process is essential, as missing something could expose you to fines.
Is a right to rent check compulsory?
Yes. You can be fined if you don’t comply.
You must see the original documents that prove right to rent. Ignoring this requirement can result in penalties.
Ensure you fully comply with the rules and check documents for all new occupants.
You may also need to request a Home Office right to rent check.
Which documents are involved in a right to rent check?
There is a wide range of documents that you can accept to prove someone’s right to rent in the UK. These include:
- UK/Irish passports
- Certificate of registration or naturalisation as a British citizen
- UK immigration status with unlimited leave to remain
- Valid UK residence permit.
Check the Home Office guidance for the complete list of acceptable documents for a right to rent check.
The documents must be valid, original, and belong to the tenant.
What happens if I don’t do a right to rent check?
Failing to carry out a right to rent check can lead to substantial fines.
As a landlord, you face penalties of up to £3,000 per tenant if you rent property to somebody not permitted to live in the UK.
You could also be prosecuted and sentenced. This can go up to five years in prison. Ignorance is not a defence under the law.
That’s why completing thorough right to rent checks and keeping copies of documents on file is essential.
If there are any doubts about a tenant’s status, seek independent legal advice.
Can a tenant refuse to comply with a right to rent check?
No, tenants cannot refuse to co-operate with right to rent checks.
And you cannot negotiate with tenants on this issue.
If a tenant fails to provide acceptable documents, you cannot rent property to them.
Make it clear from the outset that checks are mandatory.
Do I carry out the right to rent check myself?
Completing the right to rent checks is your legal responsibility as the landlord.
But, you can authorise a third party, such as a letting agent or solicitor, to carry out the checks on your behalf.
Make sure the person you authorise is competent to assess valid immigration documents.
Provide them with guidance on the Home Office rules. And ensure they understand which documents are acceptable. Always keep copies of the checked documents.
You remain liable for any penalties if the person acting on your behalf fails to conduct robust right to rent checks.
So, maintain close oversight and ensure checks are completed thoroughly for all new tenants.
