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Right to rent checks should be made by landlords, agents or householders who are letting private rented accommodation, or taking in a lodger. Anyone who lives in a property as a tenant or occupier, and sub-lets all or part of the property, or takes in a lodger, should also make the checks. This applies to people living in both private and social housing.
Landlords, agents and householders do not have to check the right to rent of existing occupiers who moved in before the requirement to conduct checks was introduced in the property location area. The right to rent scheme was introduced on 1 December 2014 in Birmingham, Wolverhampton, Dudley, Sandwell and Walsall, and on 1 February 2016 in the rest of England. The scheme has not yet been extended to the rest of the UK.
Where the start of a tenancy pre-dates the scheme being introduced and it is renewed between the same parties and at the same property without a break, there is no requirement to conduct checks.
How to do a check
Check which adults will use your property as their main home (your ‘tenants’).
i. Ask them for original documents that prove they can live in the UK.
ii. Check their documents to see if they have the right to rent your property.
iii. Check that each tenant’s documents are genuine and belong to them, with the tenant present.
(If the tenant is not present you can accept a copy, so long as you can see the original document via a live video call with the tenant present and you capture as a screen shot.)
iv. Make and keep copies of the documents and record the date you made the check.
Check if the property is used as the tenant’s main home
A property would usually be a tenant’s only or main home if:
?they live there most of the time
?they keep most of their belongings there
?their partner or children live with them
?they’re registered to vote at the property
?they’re registered with the doctor using that address
Check original documents
When you’re with the tenant, you need to check that:
✔️the documents are originals and belong to the tenant
✔️their permission to stay in the UK has not ended
✔️the photos on the documents are of the tenant
✔️the dates of birth are the same in all documents (and are believable)
✔️the documents are not too damaged or do not look like they’ve been changed
✔️if any names are different on documents, there are supporting documents to show why, such as a marriage certificate or divorce decree
If the tenant does not have the right documents
You must use the landlord’s checking service to check whether the tenant’s allowed to rent without the right documents if:
?the Home Office has their documents
?they have an outstanding case or appeal with the Home Office
?the Home Office told them they have ‘permission to rent’
The home office will usually answer you within 2 working days.
Exceptions:
One exception is some individuals of ‘the Windrush Generation’ (i.e. Commonwealth citizens who arrived in the UK before 1973) and some non-EEA nationals who arrived in the UK between 1973 and 1988, may not be able to provide documentation from the acceptable document lists to demonstrate their right to rent in the UK. The Home Office has established a Windrush taskforce which will handle applications for British citizenship or indefinite leave to remain from these individuals, including those who have yet to obtain official documentation allowing them to evidence their status.
In these circumstances, you should not refuse permission to rent. Instead, you should contact the Landlords Checking Service in the usual way.
In these circumstances, a Positive Right to Rent Notice (PRRN) issued by the Landlords Checking Service will provide you with a statutory excuse against a civil penalty. The statutory excuse relates to the individual in respect of whom the PRRN was issued, and it will last indefinitely.
Landlords Checking Service
You’ll need the tenant’s Home Office reference number to use the service. Landlord’s helpline: 0300 069 9799
Do not rent a property to someone in England if they do not have the right documents and the landlord’s checking service tells you they are not allowed to rent.
Landlords Code of Practice
You must follow the landlord’s code of practice on illegal immigrants and private rented accommodation.
The code of practice requires, ‘landlords must not discriminate against a potential tenant because of race (2010 Act) or on racial grounds (1997 Order). Race and racial grounds include colour, nationality, and ethnic or national origins.’
Best Practice
Carry out the right to rent checks on all tenants, at the start of the tenancy and thereafter annually.
You can get an unlimited fine or be sent to prison for renting your property to someone who is not allowed to stay in England.
Sources: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/721009/Short_guide_on_right_to_rent_June_2018.pdf and https://www.gov.uk/private-renting/document-checks
