I’ve heard that Right to Rent is being abolished. Do I still have to do the checks on new tenants?
There’s been lots of news swirling around this recently, and the facts are getting a little lost. Firstly, yes, you absolutely do have to still carry out Right to Rent checks.
There is currently a challenge on the legislation by the Joint Council for the Welfare if Immigrants, which is due to be heard in the High Court. It was announced this week that a date has been set for the hearing on December 18/19th this year.
The hearing is taking place because it is claimed that the scheme has lead to a number of British-born tenants being discriminated against by landlords, who refuse them access to their properties on the basis that they do not hold passports or driving licenses, and lack clear documentation to prove that they have a right to live in the UK – despite being a British citizen.
However, currently, there are no changes to the legislation yet, and you are still obligated to carry out the checks on all prospective tenants over the age of 18 who live in your property, whether they are named on the tenancy agreement or not. Failure to do so can result in a civil or criminal prosecution.
- You (or your representative) must meet with everyone due to move into your property and see original copies of their identification documents (a list of suitable documents is available here ) and verify that the documents are original, and belong to the individual.
- You must take a copy of the document, and store if securely for the duration of the tenancy, and for 12 months after the tenancy comes to an end.
- If you have anyone living in your property who is residing in the UK on a time-limited visa, you must carry out a follow up check upon expiry of their original visa to confirm further right to reside in the UK.
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