How to Check Right to Rent: A Guide for UK Landlords
As a landlord in the UK, it is your legal responsibility to verify that all prospective tenants have the right to rent before you enter into a tenancy agreement. Failure to comply with the Right to Rent regulations can result in hefty fines or even criminal charges. This guide will walk you through the process of checking a tenant’s right to rent, including the documents you need, the steps involved, and how to avoid common pitfalls.
What Is the Right to Rent Check?
The Right to Rent check was introduced as part of the Immigration Act 2014 to ensure that only individuals who are legally allowed to live in the UK can rent residential properties. As a landlord, you are required to confirm that your tenants have the legal right to reside in the UK before renting out your property.
Key Requirements:
- All tenants aged 18 or over must be checked, whether they are named on the tenancy agreement or not.
- Checks must be performed on all types of tenants, including subtenants and lodgers.
- Landlords must retain copies of documents and records of checks for at least one year after the tenancy ends.
When Should You Perform a Right to Rent Check?
- Before the Tenancy Starts: The right to rent check must be completed before the tenancy agreement is signed and the tenant moves in.
- Follow-Up Checks: If a tenant has a time-limited visa, you must conduct follow-up checks before their visa expires.
How to Perform a Right to Rent Check
Follow these steps to ensure you comply with the Right to Rent regulations:
1. Obtain Original Documents
- Ask the prospective tenant to provide original documents that prove their right to rent in the UK. Common documents include:
- UK passport or Irish passport
- Biometric residence permit or settled status document
- Valid visa or work permit
- Certificate of naturalization or Home Office letter
2. Verify the Documents
- Check that the documents are genuine and belong to the prospective tenant by verifying:
- Photographs and dates of birth match the tenant’s appearance.
- The documents are not expired (except for certain permanent residence documents).
- There are no signs of tampering or forgery.
3. Make Copies of the Documents
- Take clear copies of the documents and record the date on which you performed the check. Store these records securely.
- Include details such as the tenant’s full name, document type, and expiry date (if applicable).
4. Use the Home Office Online Service (If Applicable)
- For tenants with a Biometric Residence Permit, EU settled status, or other digital immigration status, you can use the Home Office online right to rent service. This is often quicker and more secure.
5. Follow-Up Checks (if Required)
- If your tenant has a time-limited right to stay in the UK, perform follow-up checks before the expiry date of their current visa or permit.
List of Acceptable Documents for Right to Rent Checks
The documents are divided into two groups:
Note: Landlords can no longer rely solely on EU, EEA, or Swiss passports after Brexit. These tenants need to provide digital proof of their immigration status.
Penalties for Failing to Check Right to Rent
If you fail to carry out the required checks, you could face severe penalties:
- Civil Penalty: Fines of up to £3,000 per tenant for renting to someone without the right to rent.
- Criminal Charges: In serious cases, landlords can face criminal prosecution, leading to unlimited fines or imprisonment.
Common Mistakes to Avoid
- Not Checking All Adults: Ensure you check every adult (18+) who will live in the property, not just the main tenant on the agreement.
- Using Expired Documents: Only certain permanent residency documents can be accepted if expired. Always verify document validity.
- Failing to Keep Records: Keep clear and legible copies of all documents you checked for at least one year after the tenancy ends.
Frequently Asked Questions (FAQs)
1. Can I check a tenant’s right to rent remotely?
Yes, landlords can use the Home Office’s online checking service for digital immigration status. For physical documents, remote checks are currently allowed under temporary COVID-19 measures (verify on the GOV.UK site for updates).
2. Can I accept a photocopy of a tenant’s passport?
No, you must verify the original document in person (or via a video call if remote checks are temporarily allowed) to confirm its authenticity.
3. What if my tenant’s visa expires during the tenancy?
You must perform a follow-up check before the visa expires. If the tenant cannot prove their right to stay, you may need to take steps to end the tenancy.
How Fraser Bond Can Help Landlords with Right to Rent Checks
At Fraser Bond, we provide comprehensive property management services, ensuring that landlords comply with all legal requirements:
- Document Verification: We handle the entire right to rent process, including document checks and record-keeping.
- Tenant Screening: Our thorough vetting process ensures that you only rent to tenants with verified immigration status.
- Legal Guidance: Get expert advice on how to comply with the latest regulations and avoid penalties.
Conclusion
Right to Rent checks are a legal obligation for landlords in the UK. Ensuring compliance not only protects your property but also helps you avoid costly penalties. By following the steps outlined above and working with a professional property management company like Fraser Bond, you can simplify the process and focus on managing your investments effectively.
For personalized advice on Right to Rent checks and property management, contact Fraser Bond today.
