'Right to Rent' is a new law introduced as part of The Immigration Act 2014 and it is really important for both tenants and landlords to understand the implications of this act. The Immigration Act 2014 places restrictions on illegal immigrants accessing rented accommodation, and will take effect within the private rented sector across England from 1st February 2016.
What does the new act mean and who will it affect?
The immigration status or 'Right to Rent' of all prospective occupants aged 18 and over must be proven by a tenant and confirmed by a landlord before a tenancy is offered. This means that all adults with tenancy agreements starting on or after 1st February 2016 for privately rented accommodation should expect to have their original ID (and visa if applicable) checked by their landlord/agent. Some landlords/agents may choose to apply these checks before this date. Checks must also be conducted by landlords who have a lodger, and by tenants who sub-let their property or room to other occupants.
What are the landlords' responsibilities?
For the avoidance of doubt, landlords must:
- Check all adult tenants who will live in the property as their only or main home
- Ask tenants for the original documents that show they have the right to be in the UK
- Check the original documents with the tenant present and ensure they are valid
- Make and keep copies of the original documents and record the date the check was made
- Conduct follow up checks at the appropriate date if the initial check indicates a time-limited Right to Rent
- Make a report to the Home Office if follow up checks indicate that an occupier no longer has the Right to Rent
What documents are acceptable?
Acceptable documents that a tenant can show their landlord include:
- A UK passport
- An EU/EEA passport or identity card, permanent residence card
- A travel document showing indefinite leave to remain
- A visa if applicable
- A Home Office immigration status document or a certificate of registration/naturalisation as a British citizen.
Are there any consequences to this act?
If an adult does not have the right to rent in the UK then a tenancy agreement must not be offered to them. If a tenancy is offered without conducting the process outlined above then a civil penalty of up to £3,000 can be imposed if a landlord is found to be renting a property/room to someone who is in the UK illegally.
Right to Rent checks have been introduced as part of wider Government reforms to the immigration system. For more information visit the Home Office website.
Contact Foxtons lettings department to find out how this affects you.
