When letting a property in England, it is a legal requirement for the landlord or their agent to check that the prospective tenant has the legal right to live in the country. It is important to note that tenancies in Wales, Scotland and Northern Ireland do not have exactly the same legal requirements so, in this article we will look at right to rent in England, what it is, when it needs to be done and how to carry it out.
What is Right to Rent?
Right to rent was introduced in the Immigration Act 2014 as part of the Government’s reforms to create a better immigration system and reduce the amount of illegal immigrants in the country. First rolled out in the West Midlands in December 2014, they have been a legal requirement in the entire country since February 2016. Under part 3 of the Act, a landlord is legally required to ensure that any prospective tenant is not disqualified from renting their property because of their immigration status. This can be their status at the time of agreeing the tenancy or a change in their status during the tenancy, if they only had a limited right to stay which expired during the tenancy period.
How to do a Right to Rent check
There is a bit of a hybrid system at the moment and right to rent checks can be carried out either in person, using the Governments on-line checking system or using a certified digital identity service provider depending on what documents the prospective tenant has and what nationality they are.
Government on-line system
If a prospective tenant has a biometric residence card or permit, has settled or pre-settled status or has applied for a visa using the UK immigration: ID check app then the only way to carry out a right to rent check is by using the Government’s right to rent on-line system. To do this the Tenant will need to register on the system and get a share code which they will need to pass on to the landlord along with their date of birth. The landlord can then go on to the government’s view right to rent page, input this information and get the required proof.
In Person right to rent checks
If the prospective tenant does not have the required documents for the on-line check, then a right-to-rent check will need to be done in person. To do this the tenant will have to supply original copies of acceptable documents. The landlord or agent then needs to check the documents, ensure they are valid and take copies of them for their files. They should then return the original documents to the tenant. It is important that the landlord keeps copies of the documents as proof that the checks have been carried out. Landlords should then re-check the documents every 12 months or when they expire, if they were time limited, whichever is the longest.
Right to rent checks using a certified Digital Identity Service
Since the 6th of April 2022, landlords and agents have been able to use a certified digital identity service (IDSP) to carry out right to rent checks on British and Irish citizens, which previously had to be done in person with original documents. For these checks an agent or landlord will need to provide the IDSP with the tenant’s full name, date of birth, an image of the biometric page in their ID and a photo of the tenant (often this will be the photo in the passport). The provider will then check the validity of the documents and give a decision on the right to rent of the applicant. Typically, the ID document will need to be a biometric passport.
What happens if a landlord does not conduct a Right to rent check?
If a landlord does not carry out a right to rent check and keep proof of the check, then they could face a fine of up to £3,000 and for the most serious cases a criminal conviction and a prison sentence.
The Government has a detailed guide on how to carry out right to rent checks and we would advise all landlords to make themselves fully familiar with them to ensure that they remain compliant with the law.
