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Right to Rent - Landlords to Check Tenants' Immigration Status

on Thursday, 18 February 2016.

From 1 February 2016, landlords have to check tenants have a right to rent property in the UK.

Under section 22 of the Immigration Act 2014 a landlord cannot allow an adult to occupy property under a residential tenancy agreement (including as a lodger, licences and sub-lets) unless the adult:

  • is a British citizen
  • is a European Economic Area national
  • is a Swiss National
  • satisfies certain conditions to have a 'right to rent' in the UK

From 1 February 2016, a private landlord must check the immigration status of all prospective tenants over the age of 18 to confirm whether they have the 'right to rent', following a pilot in parts of the West Midlands in December 2014.

It may be established that a prospective tenant has an unlimited right to rent, a time limited right to rent or no right to rent at all. The checks can be done from 28 days before the start of the tenancy agreement and a failure to carry out these checks could result in a fine of up to £3,000.

Landlords can establish a statutory excuse against liability for a civil penalty by making checks on prospective tenants to be recorded within 28 days before the tenancy agreement is entered into.

Landlords will have to:

  • establish the adults who will live in the property as their main or only home
  • obtain the original of one or more of the acceptable documents for adult occupiers
  • check the documents in the presence of the holder or via live video link, and make copies

Full details of what documentation is required can be found in the government's Code of Practice.

This is yet another procedural burden on landlords; it is vital that a landlord is fully aware of their legal obligations to avoid the threat of any significant financial penalties.


Please contact Stephen Burke on 020 7665 0962 if you require further property advice or fill in the form below.

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