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Right to Rent, What Does It Mean?

Right To Rent, what does it mean? Right To Rent is a new legislation relating to identifying ten...

Right To Rent, what does it mean?

Right To Rent is a new legislation relating to identifying tenants who do not have a legal right to reside in the UK. It places requirements on Landlords and Agents to check the Visa documents of prospective tenants before issuing a tenancy agreement, so as to be sure that any tenancies being offered are to people with a legitimate right to remain in the UK.

Right to Rent checks will need to be carried out on all adult tenants for new tenancy agreements in England from 1st February 2016. Landlords/Agents, could face a financial penalty of up to £3,000 per tenant if they are found to be letting property to someone who has no right to stay in the UK.

The checks must be carried out on all adult occupants proposing to occupy the premises whether or not they are named on the tenancy. The rules apply to new tenancy agreements from February 1st onwards, with existing tenancy agreements unaffected.

The basic steps are:
1. Establish who will live at the property as their only or main home.
2. Obtain a tenant’s original versions of one or more acceptable documents for adult occupiers.
3. Check the documents with the tenant present
4. Copy and keep the copied documents on file and record the date of the check.

If the tenant is only allowed to be in the UK for a limited period of time, Landlords/Agents will have to carry out follow-up checks at a later date.

The Home Office has produced a guide to checking immigration documents which can be requested from us if you wish.

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