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

ChristinaReedUK
ChristinaReedUK 20 Jun 2016

I don't understand why it's always a war between the two sides. Either, way the landlord is probably keeping a detailed inventory and will see the changes you've made. I just don't understand why there...

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NathanGreen
NathanGreen 16 Jun 2016

Seeing that the tenants are quite satisfied with their landlords and the properties is indeed great. I wonder, though, what is the situation in London alone? The tenants face sky-high rent levels in the...

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AndiMur
AndiMur 15 Jun 2016

TheGuardian published the same forecast. But on the other hand, professional brokers express different opinions. According totranio.com, an exit from the EU would not affect the demand/supply imbalance...

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Gary Holmes
Gary Holmes 14 Jun 2016

Having a professionally completed inventory at check-in and check-out is clearly (to me at least) of minor value. Tenants make un-authorised modifications and/or walk off with items that belong to the

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Violet Gibson
Violet Gibson 14 Jun 2016

Cautious people think buying off-plan is reckless, but over the past few years investors have literally made fortunes.Pre-release prices have obvious benefits for the developer, who gets instant finance...

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Kate Windleton
Kate Windleton 14 Jun 2016

An interesting research indeed. I guess that is in complete contrast with the United States where people often move from one coast to another. It will be interesting to hear the trends for people moving...

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NathanGreen
NathanGreen 14 Jun 2016

I think it all depends on the market conditions and how well your company is doing. You will agree that you can't demand more when you're killing yourself just to hang in there. Sometimes you need all

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ChristinaReedUK
ChristinaReedUK 13 Jun 2016

What does "detecting a bad vibe" mean actually. I've had certain vibes like these and yet have always found a reason , if there's any, why I don't like a certain property. The property maintenance might...

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keybanks estates
keybanks estates 08 Jun 2016

Great News for first time buyers, about time two!

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NathanGreen
NathanGreen 07 Jun 2016

I agree with #6 - you should maintain your garden according to the target buyer. One thing is universal, though - cleanliness and order. Having the yard clutter-free and clean will help people who do enjoy...

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NathanGreen
NathanGreen 06 Jun 2016

I will always say that London is overrated. Sure it is the capital, but it's too stuffed in there. It's more of a business city to me.

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Paul
Paul 25 May 2016

Estate agents are pathetic when it comes to fees. They have this 'I had to do it at 1% because that's what the others were quoting' mentality. We are the most expensive agents in our area, charging double...

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