Right to Rent Checks.

From 1st July 2021, members of the European Economic Community (EEC) will need immigration status to reside here in the UK. Pre the 30th June deadline to apply to the EU Settlement Scheme, there were more than 6 million applications from people looking to continue their stay in the UK.

As a Landlord, it has been your legal obligation to ensure your tenants have a Right to Rent in the UK since February 2016. This includes checking any VISA or Right of Stay documentation they have been provided with from the Home Office, as well as the usual photographic ID.

This was amended during the pandemic, with digital checks possible until it was safe to do so, and the Government have introduced further guidance on how to check a Tenants Right to Rent online, via the Landlords Checking Service. A physical check of the documents should still take place, however, when it is safe to do so.

Now the deadline for the EU Settlement Scheme has passed, many wondered what would happen to those who missed the deadline for their application, or for Family members joining their loved ones in the UK. Thankfully, the Minister for Future Borders and Immigration, Kevin Foster, has announced that these people will be protected for 3 months, whilst their applications to the scheme are either accepted or any appeal is decided.

It is incredibly important that as a Landlord, a Right to Rent check is conducted at the start of all tenancies, as should a Tenant be found to not have the correct Right to Rent, the Landlord could be fined up to £3,000.00 per disqualified person. Should repeat offences occur, this could become a criminal matter and a custodial sentence can be passed should a judge see fit.
As this is a complicated legislative matter, we recommend all Landlords have an agent or a competent third party conduct Right to Rent Checks on all their tenants. If you have used an agent in the past, simply contact them and ensure the thorough checks are being carried out. If you are happy to tackle this matter yourself as a Landlord, you can find the “Landlords Guide to Right to Rent” on the gov.uk.

We at Lettings ONE will be happy to conduct all Right to Rent checks and follow up checks on request. Simply contact us on 0161 511 5339 or complete our contact form.