Right to Rent Latest Amendments and what they mean for Landlords and Agents

The Immigration Act 2014 requires landlords (or tenants taking in a lodger) to perform a “Right to Rent” check before renting out a property. This means checking the eligibility of every occupant aged 18 or over to ensure they have the legal right to rent property in the UK before they move in.

If you rent to someone without a Right to Rent and haven’t conducted the required checks, you will face the following penalties:

1.           A £5,000 fine per lodger and £10,000 per occupier for a first breach;

2.           A £10,000 fine per lodger and £20,000 per occupier for subsequent breaches;

3.           In severe cases, a criminal conviction with a prison sentence. 

The government regularly updates its code of practice for Landlords to reflect changes in regulations and practices. Key updates include:

• Right to Rent checks involving EEA citizens and their non-EEA family members with pre-settled status under the EUSS;
• the UK Digital Identity and Attributes Trust Framework for IDSPs;
• clarification on Biometric Residence Permits (BRPs) and the Home Office transition to online evidence which will be rolled out from December 2024;
• clarification on List A, Group 2 item 1of  acceptable documents

We have updated the following documents in the Property folder to incorporate these changes:

• Guidance Note: Right to Rent checks for Landlords
• Guidance Note: Right to Rent Checks for Letting Agents
• Right to Rent Record/Checklist for Landlord
• Right to Rent Record/Checklist for Agent 

We have also produced a new document for transfer of Right to Rent Responsibility for a Landlord wanting to appoint an Agent which can be found here <<https://simply-docs.co.uk/New-Tenancy-Forms-Letters-and-Checklists-for-Residential-Landlords/Right-to-Rent-Responsibility-Transfer-Agreement->>

Landlords and Agents can access the Government Guidance here <<https://www.gov.uk/government/publications/landlords-guide-to-right-to-rent-checks>>