Right to Rent Responsibility Transfer Agreement
This Right to Rent Responsibility Transfer Agreement is for residential landlords in England appointing an agent to carry out Right to Rent checks. It records the agent’s acceptance of responsibility for initial checks and any required follow-up checks.
The agreement addresses the checking process, record retention, communications with the landlord, the duration of the appointment and the handover of copies of the records and outstanding deadlines when the appointment ends.
Agree responsibility in writing
Liability for a civil penalty can pass to an agent where checking responsibility is accepted in writing and the statutory conditions are met. Merely engaging a referencing company or digital verification provider does not achieve that transfer.
Before signing, check that the scope of the appointment matches the work the agent will undertake, including follow-up checks, reporting and the handover of outstanding deadlines.
Check timing and scope
Initial checks are made before the tenancy agreement is entered into, normally before a written agreement is signed. For a person with a time-limited right to rent, the initial check must be made within the 28 days ending on the day before the tenancy agreement is entered into.
Where an agreement is granted to a tenant who is outside the United Kingdom, on condition that they prove their right to rent after they arrive, the law treats it as entered into on the day the tenant is entitled to possession. The check is completed before that day and before anyone moves in.
The Right to Rent scheme applies in England to adult occupiers who use the property as their only or main home, whether or not they are named as tenants. The agreement requires the agent to check every occupier aged 18 or over.
Read alongside Right to Rent Guidance Notes for Residential Landlord (PROP.RES.271).
Use the Right to Rent Checklist for Residential Landlord (PROP.RES.104) to record the checks.
This agreement is available as an editable Word document. Obtain advice where the proposed allocation of responsibilities or liability needs to reflect particular circumstances.
Right to Rent Responsibility Transfer Agreement is part of Property. Just £38.50 + VAT provides unlimited downloads from Property for 1 year.