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Photo of Ashley Mehr By Ashley Mehr

Do your tenants have the 'Right to Rent' in the UK?

Posted 31/01/2016

From 1st February 2016 landlords will be required to carry out 'Right to rent' checks on their tenants to ensure that they have permission from the Home Office to reside in the UK.

What this means is landlords/agents must not allow an adult to occupy a property as their main home under a residential tenancy agreement unless they are a British citizen, European Economic Area, Swiss national or has the right to rent in the UK.

This new legislation follows a pilot scheme which was launched in the West Midlands back in 2014.

Checks will need to be carried out on all adult  occupants (18 and over) and not just the tenancy holder alone.

Right to rent policy applies to tenancy agreements on or after 1st February 2016. Any tenancies before this time are not subject to checks on a retrospective basis.

For more information or to find what is an acceptable proof of identity is listed on the gov.uk website - as follows here.

  • Failure to comply with the above can result in heavy sanctions up to £3,000 per illegal occupant where there is no proof that their immigration status has been appropriately checked.
  • Immigration documents must be retained for at least of 12 months after the end of the tenancy.
  • Lastly initial checks need to be carried out prior to the tenant/s moving in and subsequently before the expiry of the immigration status or 12 months after the original check, whichever is the later.

For more information contact the Home Office/Immigration helpline on 0300 069 9799. If you have any questions or concerns please do get in touch with the Preston Baker property management team.

Ashley Mehr @A5HLEYMEHR

Tagged lettings, landlords; Posted 23 months ago

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