Right to Rent – rules to be enforced nationwide autumn 2015?


News articleAt present, new rules for Landlords to check the immigration status of their tenants are currently being piloted in the areas of Birmingham, Walsall, Sandwell, Dudley and Wolverhampton. Landlords within these areas are currently under a duty to undertake checks of the immigration status of their tenants. If they do not carry out checks, they can be fined up to £3,000 per tenant that is renting a property if they do not have a right to rent.

The pilot has been running from the 1st December 2014 and landlords in the above areas have been getting to grips with the new system of rules, or delegating the responsibility for carrying out checks to agents to carry out checks on their behalf.

The government have not yet confirmed when the new rules will be rolled out nationwide. However, contrary to previous indications, the Home Office’s evaluation of the pilot period is being brought forward so that a report can be published earlier, with the indication being that the right to rent rules will be rolled out nationwide from Autumn 2015. This would mean that the requirements for landlords to check the immigration status will take effect for all landlords, regardless of where they are in the UK.

If the roll out does go ahead as planned, Landlords and Letting Agents across the country will need to put in place procedures to ensure that they do not get caught out by the new requirements. Given the large number of different documents which can prove a person’s permission to be in the UK, there are concerns over whether Landlords or Letting Agents will have the expertise to carry out the checks properly. There are also concerns that Landlords or Letting Agents will become subject to discrimination claims if they wrongly refuse to rent a property to tenants on immigration grounds.

Right2Rent (a trading name of leading immigration law firm, Paragon Law) offer a service to carry out checks for new tenants, and take on legal responsibility for those checks so that Landlords and Letting Agents know that they are remaining fully compliant with the rules and will not be subject to fines. For more information about the service we provide please contact us at enquiries@right2rent.co.uk, or visit our website at www.right2rent.co.uk

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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.