Everyone occupying a rented property in England has to be checked to make sure they have the legal right to be in the UK and their immigration status doesn’t disqualify them from renting a property.
These checks can be made in a variety of ways and if we are letting the property for you, we will carry out these checks as part of the service offered:-
Of course, one of the challenges for landlords is how to be sure that a document is genuine and valid, particularly if it’s unfamiliar. Another is knowing exactly what needs to be done to make sure you don’t fall foul of the law – particularly when the rules and guidance are constantly under review and regularly updated.
On 13th February, the maximum civil penalty that can be handed out to landlords and agents who breach the Right to Rent rules increased dramatically.
For a first breach:
For subsequent breaches:
Clearly, it’s not worth risking such a big a financial penalty by not carrying out the checks correctly or failing to make them on any or all of the occupants of your property.
The most robust way to ensure you don’t get fined is to pass the responsibility for making the checks on to an agent by having them let and manage the property for you. As the Government states in its code of practice: “Where an agent has accepted responsibility in writing for compliance with the Scheme, the agent will be the liable party in place of the landlord.”
Bear in mind that if you just use an agent to find tenants and choose to manage the property yourself, the agent is only responsible for making Right to Rent checks at the start of the tenancy. If anyone else moves into the property during the tenancy, it will then be your responsibility as the person managing the let to carry out checks on them.
To find out more about our own levels of service for landlords, simply get in touch with your nearest branch and one of the team will be happy to have a chat.
On 13th February this year, a new code of practice for Right to Rent checks came into force. This is the sixth update and the first in almost two years.
As well as incorporating the new maximum fines, the guidance on how the civil penalty is administered has been simplified. This includes clarification on how landlords can prove they fulfilled their right to rent obligations, if they are found to have rented to someone who is living here illegally. As long as the checks were done correctly, no penalty will be issued.
There are three steps to establish a ‘statutory excuse’:
If you would like to discuss any aspect of Right to Rent checks, we’re always here to help. Just get in touch with your nearest branch and speak to one of our lettings experts.
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