The RENTERS REFORM BILL will revoke your mandatory right to claim possession of your property. This means problem Tenants will be afforded greater protection PIMS NEW GUIDE court application for a Section 21 your mandatory right as is now

Right to Rent Explained

Posted : 23/01/2017 | By Amanda Hosking

women holding toy house

What is Right to Rent

The Right to Rent scheme was introduced by the Immigration Act 2014. It states that all landlords and letting agents must perform checks to ensure that a tenant has a right to rent in the UK.

A person who is permitted to be in the UK has a right to rent, a person who is not permitted does not. A person’s immigration status therefore needs to be checked before the start of the tenancy.

From 1st February 2016, landlords and letting agents who neglect to do this could receive a penalty of up to £3000.

How do I perform a check?

  • Firstly, identify the individuals who will live in the property and use it as their main home. Then ask for each tenant’s original forms of accepted documents (e.g. passport).

  • Check these documents whilst the tenant is with you and produce copies to keep, noting down the date the check was completed.

  • Copies of these documents should be kept for the length of the tenancy and for 12 months after it ends.

passport

How to avoid a penalty?

To avoid receiving a fine you need to create a ‘statutory excuse’. This shows you have done everything correctly and followed protocol. To do this you need to:

  • Perform a right to rent check before the start of every tenancy.

  • If this check shows that the tenant has a time-controlled right to rent you must perform follow up checks at a suitable time.

  • If this check reveals that the tenant no longer has a right to rent you must report this to the Home Office.

This is a brief overview of the basics of right to rent. You may require extra information on the subject.