When letting your property, you have a responsibility to ensure that your tenants have the right to rent in the UK. This means carrying out Right to Rent checks before the tenant moves into your property. Failure to comply with this legislation can lead to hefty fines and legal implications. In this guide, we will provide you with all the information you need to know about Right to Rent checks and how to comply with the legislation.

Understanding Right to Rent Checks

Right to Rent Checks were introduced as part of the Immigration Act 2014. This legislation requires landlords to carry out checks to ensure that their tenants have the right to rent. Landlords must carry out these checks on all adult tenants, including those who are not named on the tenancy agreement, and anyone else who will be living in the property.

The legislation applies to all types of tenancies, including those that are not in writing, as well as lodgers and subtenants. As a landlord, it is your responsibility to ensure that you carry out the checks and that your tenants have the right to rent.

To carry out a Right to Rent Check, you must ask your tenant for original documents that prove their right to rent in the UK. Acceptable documents include:

• A passport
• A UK Visa 
• A Home Office immigration status document for non-UK nationals obtained via the Landlord Checking Service.
• A share code proving limited or unlimited right to rent with those with settled or pre-settled status. This code can be generated by the tenant here. 

You must check the documents in the presence of the tenant and make a copy of the documents, which legally must be kept for at least 12 months after the tenancy ends.

A full guide of documents that can be accepted can be found on the government website here. 

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Common Mistakes to Avoid

One of the most common mistakes landlords make when conducting Right to Rent checks is failing to carry out the checks or not carrying them out correctly. This can lead to significant fines and even imprisonment for landlords who repeatedly fail to comply with the legislation.

It is crucial to be aware of the potential consequences of non-compliance and to adopt best practices to avoid making mistakes. Best practices include checking all tenants, asking for original documents, and checking the documents in the presence of the tenant.

Landlords’ Responsibilities and Liabilities

As a landlord, it is your responsibility to ensure that you comply with the Immigration Act 2014 and carry out Right to Rent checks before the tenancy. Follow up checks are also necessary throughout the tenancy depending on whether the tenant has settled or pre-settled status. Failure to comply with this legislation can result in a civil penalty of up to £3000 per tenant. If a landlord is found to be renting to someone who does not have a right to rent, they may also be committing a criminal offence under section 33A of the Immigration Act 2014.

It is essential to understand your responsibilities and liabilities under the legislation, adopt best practices to meet your responsibilities, and avoid liabilities. Best practices include carrying out Right to Rent checks on all tenants, keeping records of checks, and seeking professional help where necessary.

Accessing Professional Help

If you are unsure about how to carry out Right to Rent checks or comply with the legislation, professional help is available. You can seek advice from organisations such as the National Residential Landlords Association or a qualified immigration lawyer. 

Accessing professional help can help you to ensure that you comply with the legislation, avoid making mistakes, and reduce your liabilities as a landlord.

Conclusion

In conclusion, Right to Rent checks are a legal requirement for all landlords in the UK. Failure to comply with the legislation can lead to significant fines and legal implications. 

We urge all landlords to take their responsibilities seriously and comply with the Right to Rent legislation. As a landlord, you have a crucial role in ensuring that your tenants have the right to rent in the UK, and by doing so, you can contribute to a safe and prosperous society.

Remember, complying with the legislation not only protects you from legal implications and financial penalties but also helps to prevent illegal immigration and exploitation. Let us work together to create a fair and just rental market.

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