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Checking your tenants right to rent

Landlords must make sure tenants have the legal right to rent. This is very important.

In England, landlords must check that tenants have legal immigration status. They do this by checking the 'right to rent' for all adult tenants before they move in. If landlords don't do these checks, they might have to pay a fine.

This guide explains how to check a tenant's right to rent in the UK.

You can also follow the steps on the Gov.uk website.

Why this is important

Landlords must follow the Immigration Act 2014, which means they must check if tenants have the right to rent. If landlords don't do these checks, they can get big fines and face legal trouble.

Checking tenants' right to rent helps keep the rental environment safe and legal.

Steps to follow

  • Landlords must make sure tenants have the legal right to rent. This is very important. 
  • Make sure the documents are real and belong to the tenant. Look for any signs of tampering or forgery.
  • Make clear copies of the documents and write down the date of the check. Keep the copies safe.
  • If the tenant's right to rent is time-limited, check again before it expires.

Avoiding discrimination

Avoiding discrimination in renting homes means everyone gets a fair chance to find a place to live. It follows the law, helps people get along better, and keeps the community stable. It's also the right thing to do because it treats everyone with respect.

To avoid discrimination:

  • Use the same right-to-rent check procedures for all tenants to avoid discrimination.
  • Landlords and letting agents should learn about the Equality Act 2010.

Acceptable documents

  • British Citizens: Passport, birth certificate, or driving license.
  • EEA/Swiss Nationals: Passport or national identity card.
  • Non-EEA Nationals: Visa, biometric residence permit, or Home Office documentation.

BRPs are being phased out and replaced by eVisas. An eVisa is an online record of your immigration status. You can still get a BRP if you were told you would get one and you made a visa application from outside the UK.

Record keeping

Keep copies of the documents and records of the checks for at least one year after the tenancy ends. This is important to follow the rules and in case there are any problems.

Penalties for Non-Compliance

Landlords who don't do right to rent checks can be fined up to £3,000 for each tenant.

If they keep breaking the rules, they might face even bigger punishments, like imprisonment.

Online Right to Rent Check

Use the Home Office online service to check a tenant’s right to rent if they have a share code. This service provides a quick and reliable way to verify immigration status.

For more detailed information, visit the UK Government’s Right to Rent Guide.

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