What must a landlord do to check that a tenant has a right to rent?
24 April 2024
Welcome to our latest blog post, where we demystify the responsibilities landlords face when verifying a tenant’s right to rent property. In an increasingly regulated rental market, understanding these obligations is paramount for landlords to avoid legal complications and ensure compliance. Join us as we delve into the essential steps landlords must take to confirm a tenant’s right to rent.
Who must the landlord check has a right to rent?
A landlord is obligated at the start of a private residential tenancy agreement to check that the tenant has a right to legally rent the property. The obligation is to check on all tenants, not just those that the landlord thinks are not British Citizens. The check is on all tenants aged 18 or over and applies even if they are all not named on the tenancy agreement, if there is no tenancy agreement or the agreement has not been put in writing.
What happens if a landlord does not check a tenant has the right to rent?
There is serious sanctions that can be imposed on a landlord if you rent a property to a tenant who cannot legally rent. Also if you a landlord continues to rent a property to a tenant whose permission to stay has expired or ended.
How should a landlord check that a tenant has a right to rent?
- Conduct checks on the adults who will use the property as their main home
- Ask the tenants for the original document that prove they can live in the UK
- Check the documents to check they have a right to rent
- Check the tenants documents are genuine
- Keep copies of documents and record the date that the checks were made
What documents can be used?
British or Irish citizens can use:
- British passport
- Irish passport or passport card
- Certificate of registration or naturalisation as a British citizen
Non-British citizens must show their original immigration documents.
Follow-up checks
Landlord’s must carry out follow-up checks to ensure the tenant still has the right to rent, if there is a time limit on their permission to stay. Landlord’s can receive a fine if they fail to conduct a follow-up check and the tenant’s time limit on their permission to stay is over. The government guide on how to do the check can be found here.
How can Taylor Bracewell’s Dispute Resolution team assist you?
Taylor Bracewell’s Dispute Resolution team are experts when it comes to dealing with landlord and tenants. Call our Doncaster team on 01302 341414 or our Sheffield team on 0114 272 1884. Alternatively, you can fill out our online enquiry form.
