Can I be sent to prison if I mess up a Right to Rent?

Question

I have heard that I can now go to prison if I don’t carry out a Right to Rent check properly. I’m still not 100% sure about them, but this is surely a bit extreme! It can’t be true, is it?

Answer

Unfortunately, yes, it is true.

Right to Rent is a legal requirement, and you really need to understand the legislation behind it. As of December 1st, failure to comply with the vital regulations became a criminal offence under the Immigration Act 2016, and any landlord who doesn’t vary out the checks properly
is at risk of imprisonment and/or an unlimited fine under the new rulings.

Previously, you were only looking at a £3,000 fine if you don't get your right to rent checks in hand, however, as we move into the new year this is now a risk that nobody can afford to take.

For a full update on Right to Rent legislation, you can read our comprehensive guide here

In addition, you are also falling foul of the law if you have ‘reasonable cause to believe’ that a person who does not have a right to rent in the UK is renting the property you are letting. In addition, if your letting agent allows a let to proceed despite a tenant’s immigration status
disqualifying them, they are also breaking the law.

If you are unsure about any element of Right to Rent, don’t hesitate to contact us here or on 0800 689 9955 and the team will be happy to assist.

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