Right to Rent Guidance Notes for Residential Agents

The Immigration Act 2014 places a duty on a Landlord (or Tenant taking in a lodger), to carry out a “Right to Rent” check before letting a property. These checks must be conducted for every occupier aged 18 or over to ensure they are legally entitled to rent property in the UK before they move into the property. 

The Government provides a code of practice called the ‘Landlord’s Guide to Right to Rent Checks’ which includes detailed information about these checks.  This Guide is regularly updated, so Landlords and Agents should frequently check the Government website for the latest changes. 

Landlords and Agents are required by the Home Office to keep evidence of Right To Rent checks they perform and to verify that documents provided are genuine and belong to the applicant. 

Under Sections 33a and 33b of the Immigration Act 2016, it is a criminal offence to rent to a person who does not have a Right to Rent . The penalties for non-compliance are:

• A civil penalty of £5,000 per lodger and £10,000 per occupied for a first breach;
• A civil penalty of £10,000 per lodger and £20.000 per occupier
• In the most serious cases a criminal conviction carrying a prison sentence. 

You will have a statutory excuse against a penalty if you can show you correctly conducted an initial Right To Rent check, and any necessary follow up checks required. 

The Guidance Note looks at the following:

• The code of practice and requirements from Lettings Agents;
• Fines for non-compliance;
• Right To Rent categories;
• Excluded Agreements;
• The methods of undertaking a Right To Rent check (manual, IDVT, Home Office online service, Landlord Checking Service);
• How to maintain a Statutory excuse;
• Objecting and appealing a Civil Penalty
• Ending a Tenancy

This Guidance Note includes the most recent changes as at the time of writing. 

Agents should still refer to the Government website for details of any further changes and seek legal advice if necessary. 

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