Right to Rent Checks: A Landlord’s Guide to Avoiding Penalties in England
In England, landlords have a legal responsibility to check that prospective tenants have the “Right to Rent” in the UK. This means verifying their immigration status before granting a tenancy.
What is the Right to Rent?
The Right to Rent scheme requires landlords to carry out checks to ensure that adult tenants have the legal right to live in the UK. Failure to do so can result in significant fines.
How to Conduct a Right to Rent Check:
- Identify Adult Occupiers: Check all adult tenants (over 18).
- Obtain Acceptable Documents: Ask for original documents that prove their right to be in the UK.
- Check the Documents: Verify the documents are genuine.
- Make Copies: Keep copies of the documents and record the date of the check.
Acceptable Documents:
These can include a UK passport, a biometric residence permit, or other documents specified by the Home Office. You can use the government’s online checking service for some individuals.
Legalmaster and Right to Rent:
While Legalmaster focuses on creating the tenancy agreement, it’s important to understand where Right to Rent checks fit into the wider process:
- Pre-Agreement: Right to Rent checks must be carried out before the tenancy agreement is signed.
- Documentation: Legalmaster can help you record that you have conducted the check and that you have seen and copied the acceptable documents.
- Compliance Reminder: Legalmaster highlights the importance of Right to Rent checks as a critical pre-tenancy step.
Avoiding Penalties:
- Carry out the checks on all adult tenants.
- Make sure you understand which documents are acceptable.
- Keep thorough records of the checks.
- If in doubt, seek further guidance from the Home Office.
Right to Rent checks are a legal obligation for landlords in England. While Legalmaster streamlines agreement creation, it also reminds you of the essential pre-tenancy checks needed to stay on the right side of the law.