Home Secretary Announces Date for Criminalisation of Right to Rent Checks

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On 4th October 2016 at the Conservative Party Conference, Home Secretary Amber Rudd announced her intention to press ahead with proposed criminal sanctions for failing to carry out Right to Rent Checks as set out in the Immigration Act 2016.


In a speech to delegates she stated:

My job is to press on with implementing this legislation.

So today, I am announcing that from December, landlords that knowingly rent out property to people who have no right to be here will be committing a criminal offence. They could go to prison.”


This significantly raises the bar in terms of the risks to Landlords of either getting Right to Rent checks wrong, or alternatively facing uncapped discrimination claims for renting only to “British Nationals”. Whilst criminal offences have been expected for some months, this is the first time that an implementation date has been given and reconfirms the Government’s wishes to be to tough on those who attempt to rent properties to those who do not have the right to be in the UK

If you need guidance on navigating your way through the criminal sanctions now facing landlords and letting agents then please email enquiries@right2rent.co.uk for further information from our team of expert lawyers. Alternatively please visit www.right2rent.co.uk to find out more about our market-leading services.


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Important Update

As of the 1st July 2021 we are no longer able to carry out manual checks on EU nationals to confirm a right to rent.

From 1st July 2021, the majority of EEA citizens will prove their right to rent using the Home Office online service. Those who have made a successful application to the EU Settlement Scheme will have been provided with an eVisa and can only prove their right to rent using the Home Office online service ‘prove your right to rent in England’ available on GOV.UK: https://www.gov.uk/prove-right-to-rent.

To prove their right to rent from 1st July 2021, individuals will provide landlords with a share code and their date of birth which will enable landlords to check their Home Office immigration status via the online service available on GOV.UK: https://www.gov.uk/view-right-to-rent.

We are still able to carry out manual checks for non EU nationals and family member of EU nationals in some instances, if you are unsure whether your prospective check meets this criteria please contact right to rent at enquiries@right2rent.co.uk.