Right to Rent was introduced under the Immigration Act of 2014, and it is vital that both tenants and landlords understand the implications of this aw.
The law places restrictions on the access of illegal immigrants to rented accommodation in England by making all adult occupants prove that they are in the UK legally before they are granted tenancy. This is proven through a process called a ‘Right to Rent check’.
This is when a prospective adult occupant of a rental property shows his or her identity documents in-person to a landlord or a letting agent. This process is similar to when you present your passport (or visa) to a border control officer at an immigration check-point.
The landlord or letting agent must take a copy of the documents, and must record that the check has been completed. If a tenant has a time-limited right to rent (e.g. a visa or Biometric Residency Permit with an expiry date), then the check must be completed within 28 days of the tenancy start ate, and the visa must be valid for the proposed tenancy start date.
The landlord or agent must:
If follow-up checks reveal that an occupant in a rental property no longer has a valid ‘Right to Rent', then the landlord or letting agent must eport that person to the Home Office.
Documents that acceptably demonstrate a tenant’s identity and Right to Rent are dependent on the tenant’s nationality.
Options for EEA or Swiss citizens:
*Countries in the EEA are: Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden,& the UK
Options for all other nationalities are a combination of passport and a valid visa or Biometric Residence Permit (BRP).
The occupation of a rental property is conditional on all adult occupants demonstrating a valid Right to Rent prior to the tenancy start date. If any adult occupant fails to present himself and his original documents, proving a valid Right to Rent, then all occupants may be denied access to the rental property until this requirement is satisfied.