Right To Rent

The "Right to Rent Check" is a legal obligation for landlords in the UK, requiring them to verify that a prospective tenant has the legal right to live in the country before entering into a new tenancy agreement. Introduced as part of the government's efforts to control illegal immigration, this regulation places the onus on landlords to ensure that they are not renting their properties to individuals who do not have the right to reside in the UK.

Purpose and Background of Right to Rent Checks

The Right to Rent Check was introduced under the Immigration Act 2014 as part of a broader set of measures aimed at creating a "hostile environment" for illegal immigrants. The policy was first piloted in the West Midlands before being rolled out across England in February 2016. It is a key element of the government's immigration control strategy, intended to deter illegal immigration by restricting access to housing for those without legal status in the UK.

The check applies to all landlords who let private residential property in England. It also applies to those subletting a property or taking in lodgers. The regulation does not currently apply in Scotland, Wales, or Northern Ireland.

Related: Everything Landlords Need To Know About Right To Rent Checks

Right to Rent Check Legal Requirements

Before the start of a new tenancy, landlords must check the immigration status of all prospective adult tenants to confirm their right to rent. This involves verifying that the tenant has the appropriate documentation that confirms their legal status. The check must be carried out on all tenants aged 18 or over, regardless of whether they are named on the tenancy agreement.

Conducting the Right to Rent Check

The Right to Rent Check involves several key steps:

1. Obtain Original Documents: The landlord must obtain original documents that prove the tenant's right to reside in the UK. Acceptable documents include a UK passport, a permanent residence card, or a valid visa, among others. The Home Office provides a full list of acceptable documents.
2. Check the Documents' Validity: The landlord must carefully check the documents in the presence of the tenant. This includes ensuring that the documents are genuine, belong to the tenant, and that the photographs and dates of birth are consistent. The landlord should also verify that the documents have not expired.
3. Make and Retain Copies: Once the documents have been verified, the landlord must make clear copies of each document and record the date the check was completed. These copies should be retained for the duration of the tenancy and for at least one year after the tenancy ends.
4. Follow-Up Checks: If a tenant has a time-limited right to rent, the landlord must conduct a follow-up check before the tenant's right to rent expires. This ensures that the tenant's legal status is still valid. If the tenant fails a follow-up check, the landlord must report this to the Home Office.

Penalties for Non-Compliance with Right to Rent Checks

Failure to comply with the Right to Rent Check requirements can result in significant penalties for landlords. If a landlord is found to have rented a property to someone who does not have the right to rent, they can face a civil penalty of up to £20,000 per tenant (this amount was increased at the beginnning of 2024). In more severe cases, landlords may even face criminal prosecution, which can lead to an unlimited fine or imprisonment.

However, if a landlord can demonstrate that they conducted the check in accordance with the legal requirements, they may have a statutory excuse that protects them from penalties.

Right to Rent Check Controversies and Challenges

The Right to Rent Check has been a subject of controversy since its introduction. Critics argue that it places an undue burden on landlords, turning them into de facto immigration officers. There are also concerns that the policy may lead to discrimination, with landlords potentially avoiding renting to individuals with complex immigration statuses or foreign-sounding names to avoid the risk of non-compliance.

In 2019, the High Court ruled that the Right to Rent scheme led to racial discrimination and was incompatible with the European Convention on Human Rights. Despite this ruling, the scheme remains in place, although it continues to be a contentious issue.

Related: Landlord Responsibilities and Legal Obligations: The Checklist

Conclusion

The Right to Rent Check is a significant legal requirement for landlords in England, designed to prevent illegal immigrants from accessing private rental housing. While it is an important part of the UK's immigration enforcement framework, it has also sparked debate over its impact on landlords and tenants alike. For landlords, understanding and adhering to the Right to Rent regulations is essential to avoid penalties and ensure compliance with the law.

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