YOUR COMPREHENSIVE GUIDE TO RIGHT TO RENT CHECKS IN ENGLAND
The landscape of Right to Rent checks in England is undergoing a significant transformation with the introduction of substantially increased fines. Here's a comprehensive breakdown to keep landlords and letting agents informed.
The enforcement of new fines, reaching up to £20,000 for repeat violations of Right to Rent check regulations, signals a pivotal change. Landlords and letting agents must maintain vigilance when verifying the Right to Rent status of all adult applicants in England before initiating any new tenancy agreement.
Effective from Tuesday, 13th February, fines will escalate from £80 per lodger to £5,000, and from £1,000 per occupier to £10,000. Repeated breaches will incur fines of £10,000 per lodger and £20,000 per occupier.
Understanding Right to Rent Checks
Conducting referencing checks meticulously and keeping meticulous records of these checks are pivotal to avoiding fines for non-compliance. Agents are required to verify the Right to Rent status of potential tenants and all individuals intending to occupy the property as their primary residence before the official commencement of the tenancy agreement. Additionally, a check within 28 days prior to the tenancy start date is necessary for tenants with a time-limited right.
It is imperative to conduct these checks diligently and maintain accurate records for at least one year after the termination of the tenancy agreement. Failure to adhere to these requirements may result in unlimited fines and potential imprisonment if found to have knowingly rented to individuals lacking the right to reside in England.
Categorizing Right to Rent
Applicants may possess either "unlimited Right to Rent" or a "time-limited" Right to Rent. Understanding the distinction is crucial:
"Unlimited Right to Rent" includes British and Irish citizens, individuals with EU Settled Status, and those with indefinite leave to remain or no time limit on their stay in the UK.
"Time-limited Right to Rent" applies to individuals with pre-settled status or other time-limited permissions. For this category, follow-up checks are necessary before the expiration of their eligibility period to avoid penalties.
Updates on Right to Rent Fines
Commencing 13th February, individuals with in-time applications for permission to remain in the UK, appeals, or administrative reviews can validate their Right to Rent through the new Home Office online service.
Furthermore, the government has heightened maximum civil penalty fines for non-compliance. Initial breaches now incur fines of £5,000 per lodger and £10,000 per occupier, a significant increase from the original £80 per lodger and £1,000 per occupier. For repeat violations, fines have surged from £500 for lodgers and £3,000 for occupants to £10,000 and £20,000, respectively.
Conducting Right to Rent Checks
Manual Check: A manual verification process requires landlords to inspect original documents proving the tenants' Right to Rent, ensuring their authenticity and consistency. Records of these checks must be maintained for a minimum of one year post-tenancy termination.
Home Office Landlord Checking Service: Utilize this service when applicants lack necessary documents, keeping records of application certificates until receiving confirmation.
Home Office Online Service: Employ this service for applicants with biometric residence cards or permits, settled or pre-settled status, or those who have applied for a visa using the "UK Immigration: ID Check" app. Share codes and dates of birth are necessary for verification via video call.
Additional Considerations
Checking B5JSSK Citizens: Verify documents for citizens of Australia, Canada, Japan, New Zealand, Singapore, South Korea, or the USA visiting the UK within the last six months.
Second Check After Six Months: Conduct another check before the end of a 12-month period for individuals requiring visas beyond the initial six-month period.
Digital Checks with Certified ID Validation Technology Providers: Utilize certified Identity Service Providers for digital verification of British and Irish citizens' Right to Rent, while manual checks remain an option upon tenant request.
This article serves as an informational guide and does not constitute legal advice. For further details, visit gov.uk.
