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)

Join our mailing list:

Leave a comment



Latest Comments

Spencer Fortag
Spencer Fortag 25 Aug 2016

The funny thing is, I mentioned the brick issue in my blog back in April: http://medwayproperty.blogspot.co.uk/2016/04/the-medway-property-market-and-lack-of.html

view article
SecomTech
SecomTech 19 Aug 2016

Firstly, I either lodge with DPS or do not take a deposit...secondly, If a tenant has not received a confirmation their deposit is secured with either a scheme or in an insured account with an agent/landlord,...

view article
jasonevans
jasonevans 19 Aug 2016

Belvoir has over 15 years of experience in property lettings, buying and renting and is one of the best agencies I know about. I have heard that they revived an award for the hard work. Really amazing...

view article
jasonevans
jasonevans 19 Aug 2016

Usually these areas are least affected when it comes to unexpected economical collapse.

view article
TheWaspNestRemover
TheWaspNestRemover 11 Aug 2016

You agree to pay for the treatment needed to get rid of fleas, ants, mice, wasps nests and other pests unless you can prove that these are a result of us not meeting our repairing responsibilities or these...

view article
madisonwelch80
madisonwelch80 02 Aug 2016

16% is quite a raise. Let's hope this tendency won't continue for long.

view article
madisonwelch80
madisonwelch80 02 Aug 2016

?66,963 is a serious price drop However buying a property it a serious investment only small percentage of the UK population could afford.

view article
madisonwelch80
madisonwelch80 02 Aug 2016

Wow, it kind of surprised me. I mean counting on mom and dad's bank even after retirement is too much. That's the moment in life when one should have ensured themselves. I am shocked.

view article
AbbieP.
AbbieP. 22 Jul 2016

"While house prices in the most expensive eleven boroughs have declined values in the cheapest eleven boroughs continue to rise" - not a nice way to even out the price range. London is overrated as it

view article
AbbieP.
AbbieP. 21 Jul 2016

And try to profit from your decisions, I may add

view article
CommercialTrust
CommercialTrust 19 Jul 2016

Retirement investment has always been one of the biggest draws of buy to let. And the buy-to-let demographic is, on balance, older. (Over a third of our applicants are over 50 at the time of application.) It...

view article
Forrest Wheatey
Forrest Wheatey 11 Jul 2016

I find the time perfect for ever home-owner wannabe. Prices should slowly, but steadily drop, at least for the inner buyer. Making it harder for outsiders to buy properties (the whole Brexit thing means...

view article

Related stories

More articles from Landlords

Specialist Lending Roadshow 2016

20th-23rd September

4 days
6 specialists
4 locations
Free to attend

Click here to register now