Right to Rent

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Right to Rent checks became a legal requirement for landlords to carry out on tenants from February 2016. This controversial requirement has been seen by many landlords as an unnecessary extra responsibility carrying out checks that should be made by customs and immigration.

Right to Rent:- Includes everyone who will be living in the property who is 18 or over, even if they are not named on the tenancy agreement. It also applies if there is no tenancy agreement, or the agreement isn’t in writing.

Making a check

Find out who will be living there as their only or main home. Check their original documents and make sure they are the tenant’s and haven’t been altered, that all the information (e.g. date of birth and photo) is consistent on all and that if any names are different, that they have the supporting documents, such as a marriage certificate Keep a note of the date you make the check Take copies of all the documents and keep them for the duration of the tenancy plus one year Or you can ask your managing agent to run the checks for you, but you should put this in writing.

Below is the web site for “Right to Rent” check, just click “Start” and follow the questions asked.  This online checking aid can be found here  Landlords can use this to guide them through the process and to request a check on anyone who has an outstanding case with the Home Office.

Tenants with a limited right to stay

If the tenant has a limited time they can stay in the UK, you need to: – Run the check in the 28 days before the tenancy begins Run another check on their status just before the expiry of their right to stay or 12 months after your last check, depending on which is longest If they don’t have a right to stay at that point, you must tell the Home Office

You can read more about the landlord’s right to rent code of practice here.