THE PROFESSIONAL ASSOCIATION FOR LANDLORDS
RIGHT TO RENT CHECKS
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This check has recently been declared unlawful, but until the situation is cleared up it is necessary to continue checking’
Must check all occupiers have the right to remain:-
Before allowing an adult to live in your property, check that they have document(s) that show they have the right to be in the UK.
Where a person’s right to be in the UK will expire during the tenancy, make follow-up checks either when the right expires or after 12 months, whichever is later.
If a follow-up check shows that a person no longer has the right to be in the UK, make an official report to the Home Office.
The 4 basic steps are:-
Find out who will live in your property (not just those named on the agreement).
Keep a record of the questions you ask to find out who will be living in your property as their main or only home.
Remember to check all adults, whether or not they are named on the tenancy agreement.
Check that these people have a document on approved lists and take reasonable steps to check that the document is genuine, in the presence of the people (in person or via live video link).
Retain a copy of the document(s) and record the date of the check and the date of any follow-up checks needed.
The copy may be in paper or electronic form. It should be possible to clearly see any dates, personal details and photographs on the copy.
If a person shows you a document from List B, this means that they have a right to be in the UK for a limited time only.
Keep the copies of the documents safe throughout the tenancy and for at least one year afterwards.
If the occupier(s) only have a limited right to remain you will need to check again after just before their expiry, of after 12 months whichever is the later.
Useful web sites:-
right-to-rent.co.uk/ – type Right to Rent
If tenant(s) lose their Right to Remain:-
inform the Border Agency -uk/report-immigration-crime, or 0300 123 7000;Home Office will issue notice confirming person has lost their Right;
if all tenants have lost their Right landlord can issue 28 day Notice to Quit (format to be announced). This notice can be treated as though a High Court Order;
if some have lost their Right use Section 8; Ground 7B. Tenancy can be transferred to other tenants, provided used in conjunction with other Ground.