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Right-to-Rent Checks for Residential Landlords

From 1 February 2016, all private residential landlords will have to check that new tenants have the right to be in the UK before renting out their property. The Immigration Act 2014 prohibits private landlords of residential properties from allowing certain people to occupy those properties based on the immigration status of the occupiers.

Landlords will have to check the status of prospective tenants, and other authorised occupiers, to ascertain whether those parties have the right to occupy the premises before granting a tenancy. Landlords must also make sure that someone’s right to occupy the premises does not lapse. Breaching the prohibition could lead to a civil penalty of up to £3,000.

A person is disqualified from occupying property under a residential tenancy agreement if they:

a) Are not a "relevant national", which is:

  • a British citizen;
  • a national of a European Economic Area State; or
  • a national of Switzerland.

b) Do not have a right to rent in relation to the property.

A person does not have a right to rent if they require leave to enter or remain in the UK and do not have it, or they have leave but it is subject to conditions that prevent them from occupying the premises.

Gaining evidence from tenants to prove their right to be in the UK can be a difficult process given the array of documents needed. Landlords are not expected to be experts on immigration law and the delays in proving the tenant's legitimacy can be expensive. Landlords also need to be vigilant in the way they deal with gaining and storing these documents in order to avoid discrimination claims and data protection claims.

Although correct at the time of publication, the contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article. Please contact us for the latest legal position.