Why
It is a criminal offence for a landlord to allow a person who does not have a ‘right to rent’ to occupy premises in England. If a landlord does allow a person to occupy who doesn’t have a right to rent, they may be liable to a fine of up to £3,000 per adult in occupation.
Who
Applies to most types of occupation such as a tenancy or licence where the occupation is:
– for residential use, and
– for one or more adult occupier (18 years or over), and
– it is to be the occupiers only or main home, and
– for the payment of rent, and
– not excluded
The provisions of the legislation apply regardless of how well or how long a landlord has known the occupier who they are providing accommodation for.
What and When
1. Conduct initial right to rent checks before authorising an adult to occupy rented accommodation;
2. Conduct follow-up checks at the appropriate date if initial checks indicate that an occupier has a time-limited right to rent, and;
3. Make a report to the Home Office if follow-up checks indicate that an occupier no longer has the right to rent.
In the vast majority of cases landlords will only need to perform step 1 – initial right to rent checks. Steps 2 and 3 are only required if a prospective tenant is found to have a time-limited right to rent.
Further Reading
A short guide on right to rent
Check your tenant’s right to rent