As of 1st February 2016, section 22 of the Immigration Act 2014 will require all landlords of private rental accommodation in England to carry out Right to Rent checks for new tenancy agreements to determine whether occupiers aged 18 and over have the right to live in the UK legally. Checks will need to be done on all adult occupiers not just the tenancy holder for new tenancy agreements on or after 1st February 2016. Existing tenancy agreements are unaffected and landlords will not be required to carry out retrospective checks.
Under the law landlords can agree in writing with an agent who is responsible for conducting checks. The agent can carry out the checks and where necessary, make a report to the home office. The agent must also report back to the Landlord. If an agent’s term of business state they will undertake reference checks on the tenant, the agent will become liable for the Right to Rent checks.
If the initial check shows that a person has the right to be in the UK for a limited time, you can let to that tenant but you must also make a follow up check. For let only tenancies, the landlord will be informed of any need for a follow up check and evidence kept to that effect. If you are a let only landlord and you wish us to do this for you, we will happily do so at an extra cost.
Follow up checks must be carried out just before the expiry of the date of the tenant’s right to be in the UK or 12 months after the original check whichever is the later. If a tenant no longer has the right to be in UK it must be reported to the Home Office. You can be fined up to £3000 per occupier if you rent your property to someone who isn’t allowed to stay in the UK and you can’t show that you checked their right to rent. You can also be fined if you make a follow up check and don’t contact the home office to say that a tenant’s stay has run out or if you don’t make a follow up check on a tenant who has a time limited permission to stay in the UK.
Rest assured that we at Sarah Kenny already have this covered. The referencing company who we use, Keysafe Tenant Vetting, have already been checking a tenant’s right to rent for the last year and have been heavily involved in the trial in the West Midlands. We will continue to ensure that all the necessary procedures are followed for our managed properties.