Right to Rent Explained

In the private rental market, landlords and tenants alike must navigate a range of regulations to ensure compliance and secure tenancies. One such regulation is the Right to Rent requirement, which applies to everyone in England. Whether you’re a UK citizen or a foreign national, you must prove your right to rent before entering into a tenancy agreement. This blog post aims to explain the Right to Rent requirement, its implications, and what both landlords and tenants need to know to comply with the law.

What is Right to Rent?

Right to Rent is a legal requirement introduced by the UK government as part of the Immigration Act 2014. It mandates that landlords verify the immigration status of prospective tenants to ensure they have the legal right to reside in the UK. This check must be performed before the tenancy agreement is signed. The scheme was rolled out across England on 1 February 2016 and it applies to all new tenancies.

Who Needs to Prove Right to Rent?

Everyone who intends to rent a property in England must prove their right to rent, regardless of their nationality. This includes:

• UK citizens
• EU, EEA, and Swiss nationals
• Non-EU nationals
• People with indefinite leave to remain
• Individuals on various visas

The law requires landlords to check the documents of all prospective adult tenants. Failure to comply can result in significant penalties, including fines and imprisonment.

Acceptable Documents for Right to Rent

Tenants can use a variety of documents to prove their right to rent. These documents are categorised into two lists: List A and List B.

List A – Unlimited Right to Rent

Documents in this list prove that the holder has an indefinite right to rent in the UK. These include:

• A UK passport
• A European Economic Area (EEA) or Swiss national passport or identity card
• A permanent residence card or document issued by the Home Office
• A biometric residence permit with no time limit

List B – Time-Limited Right to Rent

Documents in this list show that the holder has a time-limited right to rent. These include:

• A valid visa or residence permit
• A Home Office immigration status document with an endorsement indicating the holder has leave to enter or remain in the UK for a time-limited period

How to Conduct a Right to Rent Check

Landlords or their agents must conduct the check before the start of a new tenancy. The steps involved are straightforward but crucial:

Step 1: Obtain Original Documents

Landlords must obtain original versions of one or more acceptable documents from the prospective tenant.

Step 2: Check Validity

The landlord must check the documents in the presence of the tenant. This includes ensuring that the documents are genuine and belong to the tenant, that they are intact, and that the dates for the tenant’s right to stay in the UK have not expired.

Step 3: Make and Retain Copies

Landlords should make copies of the documents and retain them for at least one year after the tenancy ends. The copies should be dated to show when the check was made.

Step 4: Follow-Up Checks

If a tenant has a time-limited right to rent, landlords must conduct follow-up checks before the expiry of their right to stay in the UK. If the tenant does not pass the follow-up check, landlords must inform the Home Office.

Exemptions and Special Cases

Certain types of accommodation and tenancies are exempt from the Right to Rent checks. These include:

• Social housing
• Hostels and refuges
• Mobile homes
• Student accommodation provided directly by universities or colleges

Additionally, tenants who occupy the property as their main home are subject to the Right to Rent checks. However, lodgers, sub-tenants and individuals staying temporarily are not exempt.

Penalties for Non-Compliance

Landlords who fail to conduct Right to Rent checks or rent to individuals without the right to rent face severe penalties. The fines range from £1,000 for a first-time breach to £3,000 for repeat offenders. In serious cases, landlords can face criminal charges, which may lead to imprisonment.

Right to Rent Online Checks

For non-EEA nationals holding a biometric residence permit or card, an eVisa, or status under the EU Settlement Scheme, landlords can use the Home Office’s online service to check the tenant’s right to rent. This service simplifies the process and provides real-time verification.

At Lovelle estate agents, we understand the complexities of the rental market and the importance of complying with regulations. If you’re a landlord needing assistance with Right to Rent checks or a tenant looking for a new home, our experienced team is here to help. Contact us today for professional advice and support to ensure a smooth and compliant rental experience.