Update: Right to Rent Checks

On 18 October 2023, the government updated the landlord’s guide to right to rent checks. This can be found on the following government link: https://www.gov.uk/government/publications/landlords-guide-to-right-to-rent-checks#full-publication-update-history

The latest guide removes the requirement for landlords to verify a digital Certificate of Application with the Landlord Checking Service when conducting a right to rent online digital check involving an outstanding EU Settlement Scheme application made on or after 1 July 2021

What is a ‘right to rent check’?

Although the name may be a giveaway – all landlords in England have an obligation to check whether a potential tenant has a right to rent and live in the UK. This involves an examination of the potential tenant’s immigration status before the tenancy starts.

All tenants over the age of 18 must be checked, even if they are not named on the tenancy agreement.

Letting agents or landlords can either:

• Check an original form of ID
• Use an approved identity service provider
• View a tenant’s right to rent online via the Home Office ‘share code’ system

What happens if the landlord fails to comply with the right to rent check?

The potential liability will depend on the severity of the situation. But the landlord may be liable to pay significant fines per occupier or face a prison sentence of up to five years.

Although the landlord is usually responsible for performing the check – the agent may be liable if the landlord has transferred responsibility to the agent in writing.

Summary

It is vital that landlords and agents obtain a valid right to rent check on all potential tenants before the tenancy commences. Alongside our Legal Providers, Woodstock Legal Services, we stay on top of all tenancy related developments and have a skilled and experienced team to assist you with. If you need any advice about any pre-tenancy checks or documentation, please talk to us.