Top tips for Right to Rent

Top tips for Right to Rent

The government has announced that from today, all private landlords in England will have to check new tenants have the right to be in the UK before renting out their property.

Under Right to Rent, landlords must check identity documents for all new tenants (with some exceptions) including lodgers, take copies and store them for future reference. The Home Office claim that “the scheme has been designed to make it straightforward for people to give evidence of their right to rent and a range of commonly used documents can be used”. Others argue that the range of documents which can be used, alongside their lack of experience in this field, make this a far from straightforward process.

What is certain though, is that the penalties for not complying with these rules can be tough. Currently civil fines up to £3,000 per tenant are in place and the Immigration Bill 2015-2016, which is currently before Parliament, proposes criminal sanctions including prison for those who breach the rules.

To help you through the process, Paul Shamplina, founder of Landlord Action, has teamed up with Direct Line for Business to create an advertorial video all about Right to Rent checks.

Paul said: “I have teamed up with Direct Line for Business to create a series of short videos and supporting blogs aimed at educating landlords on their responsibilities in this ever changing market. This first one on Right to Rent explains in simple terms what landlords need to do and where they can find more information and help”

Click here to watch now


Here are some tips on conducting initial right to rent checks:

1. Establish the adults who will be living in the property.

Be vigilant and consider whether the number of occupiers is reasonable for the size and type of property. Agents should keep a record of any enquiries and responses.

2. Obtain original versions of acceptable documents which prove right to rent.

For unlimited right to rent occupiers, checks can be made at any point prior to a tenancy agreement being made. For time-limited right to rent occupiers, checks should be made up to 28 days prior to the tenancy agreement being granted.

3. Check the documents in the presence of the holder.

This can be done either in person, or via a live video link and agents must check that the documents appear genuine and belong to the occupier presenting them. Pay close attention to photographs and ensure details such as date of birth are consistent across documents. Also check they have not expired and explanations for any discrepancies are recorded.

4. Make copies of all documents and retain them with a record of the date checked.

Copies should be made in a format that cannot be edited later, e.g. photocopied, and retained securely either electronically or in hard copy.

5. Carry out follow up checks on time-limited right to rent occupiers.

Conduct them in the same way as the initial checks, retaining copies of any new documents. If an occupier no longer has the right to rent, the agent does not need to evict them, but should make a report to the Home Office in writing by post or email.

6. What if the occupier says they have the right to rent but cannot prove it?

If they cannot provide proof because of an ongoing immigration application or because they have a discretionary right to rent, agents can request a check from the Home Office. Confirmation will be sent within two working days.

7. Rentals that are excluded

These include local authority tenants; tied accommodation; student accommodation where a student has been nominated by a higher educational institution; and long leases (term of 7 years or more)

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Latest Comments

Tony Gimple
Tony Gimple 09 Dec 2017

Linking professionalism to limited company borrowing is a flawed concept. Despite S24 etc., limited companies are the most tax inefficient way of running a property business and leave borrowers seriously...

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Evelyn Attwood
Evelyn Attwood 01 Dec 2017

It's normal. If you plan to buy a house in one of the most beautiful spots in the country you should pay a high price.

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Evelyn Attwood
Evelyn Attwood 01 Dec 2017

I think that the situation will be the same at December.

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Scott Garnet
Scott Garnet 06 Nov 2017

If you have a patio or a porch it is important to make sure that any connecting doors are secured. Good advice for sliding glass doors is replacing the panels with storm resistant glass and getting heavier...

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richardrawlings
richardrawlings 01 Nov 2017

What has not been mentioned here is the effect of not only higher interest payments, but also that these payments are less likely to be offsettable as a business cost due to the scaling back of mortgage...

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Kelvin Lloyd
Kelvin Lloyd 09 Oct 2017

IT is up, to the Planners. If they will only give permission for bungalows on certain (suitable) sites, they will be built.

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maggie swift
maggie swift 09 Oct 2017

It's just the beginning of the shocking rise.

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maggie swift
maggie swift 09 Oct 2017

I have recently read that the bungalows can provide social housing for elderly residents in London.

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zoe glover
zoe glover 05 Oct 2017

Update! Worst company I have ever dealt with. Undervalued a Cambridge property by over 100k, wont take on any evidence of valuation including a RICS valuation done 3 years ago for the very same value...

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Paul Edwards
Paul Edwards 27 Sep 2017

Its nonsense articles such as this that make it harder to get clients to realise just how difficult the market is out there. When you see Rightmove and there are more 'price reduced' then 'new' most days...

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Tom Allen
Tom Allen 20 Sep 2017

Absolutely agree with you!

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RyanGeo
RyanGeo 18 Sep 2017

A sharp correction would be a less dramatic expression to use. That is already underway in certain sectors in Reading where I practice as Chartered Surveyor

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