Landlords are required to ensure all tenants have the Right to Rent in the UK and to check immigration status.
The Government guide on gov.uk states’ All landlords in England have a responsibility to prevent those without lawful immigration status from accessing the private rented sector. You do this by conducting right to rent checks on all prospective adult tenants before the start date of a tenancy agreement, to make sure the person is not disqualified from renting a property by reason of their immigration status.
If a tenant is British these checks can usually be carried out to prove their Right To Rent with a Passport or Certificate of Registration or Naturalisation or a combination of other documents.
You should ensure the documents are originals and belong to the person you wish to rent too. You should check the photos on the documents are of the tenant, ideally when in front of you. Take a photo of the document alongside the person and retain to prove the check has been carried out. Ensure D.O.B. are the same on each document and undamaged or look as though they haven’t been altered. If any names are different on documents, there should be supporting evidence to show why, such as a marriage certificate or divorce document.
If the tenant does not have the required documents or isn’t a British Citizen, you must request the Home Office Right To Rent Check.
Failure to carry out the relevant checks and allow an unauthorised person to rent can result in a fine of up to £3000.00 per tenant and for a first offence. This can rise with subsequent offences.
Why The Changes?
According to the Government, changes are being made to support the pledge to ‘Stop The Boats’ in an attempt to stop ‘unscrupulous landlords’ were enabling ‘the business model of the evil people smugglers to continue’, according to Robert Jenrick, the Minister For Immigration.
Although these checks may help to reduce those without the Right To Rent finding accommodation, it could also make it more difficult for genuine citizens to find accommodation where they do not possess a passport or Driving Licence.
How To Make Tenant Checks
If you are considering renting a room in your home or are a Landlord with other properties, please ensure these checks are carried out. If you are unsure about how to go about it you can sign up to have your tenant checks carried out by a third party along with references and credit checks.
Do you have Rooms To Rent?
Although there are many things to consider when renting a room or being a landlord, as long as you ensure all checks are carried out, you shouldn’t fall foul of the law.
Most landlords are reputable and law abiding, carrying out proper checks of tenants along with safety checks such as annual gas safety checks. When done properly, it can be a profitable option or at the very least offer additional income for those offering a room to rent in their own home.
If you are a landlord or home owner looking to offer rooms to rent to prospective tenants, please register as a Landlord here. Once registered you can begin creating an advert for your rooms to rent. Remember, renting on room in your own home has no tax implications up to £7,500.00 per year of rent under the governments Rent A Room Scheme.