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If I sublet my flat via an agent, who is responsible for Right to Rent?

Question

I let my flat to a company, and they sub-let to short term tenants. Whose responsibility it is to check Right to Rent?

Answer

If a property is sub-let, the person is letting the individual lodgings - in this case the agency - would be responsible for carrying out the Right to Rent checks.

If the agency sub-let rooms in your property without carrying out Right to Rent checks on the sub-tenants, they would be liable for civil penalties.

It would be advisable to agree this in writing (an email is fine) with the appointed agent, as if they fail to carry out the checks, you then have proof that they agreed that the checks would be their responsibility. If there was any dispute, despite their legal requirement, you will definitely not be viable for the civil penalties, which can be up to £3,000 per person.

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