"Right to Rent" Immigration Checks Required by Landlords, Agents and Sub-lettings.

(Are you a tenant? See: Right to Rent: A Tenant's Guide)

The law introduces a requirement from 1 February 2016 for all landlords of private rental accommodation in England to carry out Right to Rent checks for new tenancy agreements to determine whether occupiers aged 18 and over have the right to live in the UK legally. 

You need to make Right to Rent checks if you're a private landlord; have a lodger or are an agent appointed by the landlord to make Right to Rent checks. 

The right to Rent check applies to new tenancy agreements on or after 1 February 2016. Within the phase one area checks apply from 1 Decemnber 2014.

NOTE: Existing tenancy agreements are unaffected and landlords will not be required ot carry out retrospective checks. 


STAGE 1 - Establish who will live in the property. Obtain, Check, and Copy one or more original documents that demonstrate the Right to Rent in the UK for all adult occupiers dor that property in the presence of the holder. Acceptable documents include a UK passport and a permanent residence card or travel documents showing indefinite leave to remain.

NOTE: In circumstances where a tenant is arranging their tenancy from overseas this is more challenging. One course of action is to do checks by video call and agree the tenancy subject to an ID check on arrival.

STAGE 2 - where the initial check shows that a person has the right to be in the UK for a limited time you can let to that person but you must also make follow-up check. In the case of Let Only tenancies you need to inform the landlord of any need for follow-up checks and keep evidence of this communication. 

NOTE: Follow-up checks must be carried out just before the expiry of the date of the tenants right to be in the UK or 12 months after the original check whichever is the later.

STAGE 3 - Fs the follow-up check shows that the person no longer has the right to be in the UK you must make reports to the Home Office using: www.gov.uk/report-immigration-crime


You can be fined up to £3000 per occupier if you rent your property to someone who isn't allowed to stay in the UK and you can't show that you checked their Right to Rent.

If you need assistance with the Right to Rent checks, please contact Oscar Valdez, our Residential & Commercial Manager on 020 8566 3333 or email us on info@colinbibra.com. 


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