Right to Rent Checks
The Immigration Act 2014 introduced a legal obligation on landlords in England to verify the immigration status of prospective tenants and occupiers, known as the a Right to Rent Scheme. This legislation places a duty on landlord - and tenants who sublet to take in lodgers - to carry out Right to Rent checks on all adult occupiers aged 18 or over before allowing them to occupy residential premises. The aim of the legislation is to prevent individuals without lawful immigration status from accessing rented accommodation in the UK.
The Immigration Act 2016 further strengthened the enforcement of these duties by introducing criminal sanctions. Under sections 33a and 33b, it became a criminal offence for a landlord to knowingly rent a property to a person who does not have the right to reside in the UK. It is also an offence to have reasonable cause to believe that a tenant or lodger does not have lawful immigration status and to proceed with the letting or continue to allow occupation.
Where a letting agent has been appointed and formally assigned responsibility for Right to Rent compliance through a written agreement with the landlord, the agent assumes full legal responsibility for conducting these checks. The checks must be undertaken before the start of any tenancy agreement and apply to all adults who will occupy the property, regardless of whether they are named on the tenancy agreement.
The process involves verifying original documents from a prescribed list issued by the Home Office, checking their validity in the presence of the individual, and making and retaining clear copies along with a record of the date the check was completed. Documents must be genuine and belong to the prospective tenant or occupier.
Letting agents and landlords must also be aware of discrimination laws and ensure that all checks are conducted equitably, regardless of nationality or ethnicity.
It is crucial that landlords and letting agents have robust systems and procedures in place to ensure ongoing compliance with the Right to Rent regime.