Right to Rent checks requires landlords or agents to check ID to determine the immigration status of all prospective adult tenants before the start of a tenancy.
Right to Rent checks started as a pilot scheme in parts of the West Midlands in December 2014 before rolling out across England on 1 February 2016. The rules do not currently apply in Wales, Scotland and Northern Ireland.
Where an adult occupier has a time limited right to remain, landlords and letting agents will need to conduct follow up checks. These need to be made 12 months from the initial check or at the expiry of the individual’s right to be in the UK, whichever is the later.
We have been part of the landlord panel throughout the development of Immigration Act 2014 and Immigration Bill 2015 and have delivered a series of events across England to support letting agents in complying with the legislation.
The Home Office Landlords Consultative Panel reconvened in October 2018 and further meetings are planned throughout 2019. The Panel focuses on how the UK Government can best support the private rental sector to deliver the Right to Rent scheme effectively.
Government has now issued guidance on post Brexit Right to Rent checks:
Until 1 January 2021 EU, EEA and Swiss citizens will continue to be able to prove their Right to Rent in England as they do now by showing a passport or permitted identity documents either on their own or in combination.
The Government has made a firm commitment that this situation will remain the same regardless of whether the UK leaves the EU with or without a deal.
As a letting agent, you will not be required to check whether tenants who are EU nationals arrived before or after the UK left the EU, or if they have status under the EU Settlement Scheme or European temporary leave to remain. You will not need to retrospectively check the status of EU, EEA or Swiss tenants or their family members who entered into a tenancy agreement before 1 January 2021. Irish citizens will continue to have the right to rent in the UK and prove their right to rent as they do now, for example using their passport.
Right to Rent checks remain in place on all prospective tenants to comply with the appropriate codes of practice. There are currently no plans to roll the scheme out to Scotland, Wales or Northern Ireland.
ARLA Propertymark continues to work as part of the Home Office’s Landlord Consultative Panel to try to ensure that certainty for tenants, landlords and agents is achieved as soon as possible in the lead up to the UK’s departure from the EU.
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On 1st March 2019, the High Court delivered a verdict in a case brought by parties including Joint Council for the Welfare of Immigrants (JCWI) and Residential Landlords Association. Judges ruled that the scheme is leading to discrimination and further evaluation must be carried out before the scheme is rolled out to Scotland, Wales and Northern Ireland.
The Home Office announced on 2 November 2016 that the date for new offences under Immigration Act 2016 relevant to the private rented sector in England. These offences came into force after 1 December 2016.
These measures followed the introduction of civil penalties created under Immigration Act 2014 and aim to:
The offences are part of wider Government measures to tackle illegal immigration and protect public services and access to the private rented sector for lawful residents.
The vast majority of landlords who are found to be renting to illegal migrants and who have not carried out Right to Rent checks, where the scheme has been implemented in their area, will be dealt with under the civil penalty regime. The new offences will be targeted at the smaller number of rogue landlords who are intent on flouting the law.
Agents carrying out Right to Rent checks on overseas students in joint tenancies prior to the start of the academic year should be aware of an exemption process.
Many students secure tenancies which begin weeks or months before they arrive to take up occupancy, meaning that agents cannot comply with the Code of Practice requirement to carry out a face-to-face check within the 28 days preceding the start of the tenancy.
ARLA Propertymark raised this issue as part of ongoing implementation work with the Home Office who have now agreed a template letter that can be used to implement an exemption in place for universities to nominate students to take up residence in a specified property in the private rented sector.
The student can activate the process by requesting the letter however the correspondence must be on the university’s letterhead and must specify the student’s name and date of birth along with the address of the property.
While technically this process creates an exemption, it remains best practice to carry out a face to face check on the student’s arrival and retain records according to the code, even if this check is taking place outside of the 28 days of the start of the tenancy.
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In April 2018, the Government issued new guidance to landlords wishing to rent to Commonwealth citizens (known as members of the Windrush generation) who have been in the country for decades but found themselves unable to evidence their legal right to remain in the UK. More info...
Our member only fact sheet outlines the latest advice around the Immigration Act 2016 and Right to Rent checks
Download our fact sheets
We are regularly speaking with the Home Office to order to get answers for many of the common Right to Rent issues.
Frequently asked questions
Government guidance for landlords, homeowners and letting agents affected by right to rent immigration checks.
Landlords' code of practice
If you have any enquiries about Right to Rent checks you can contact the ARLA Propertymark Legal Helpline on 0330 124 1212 or email Rachel Hartley, Marketing and Communications Manager.
ID examples for checks UK Visas and Immigration Enforcement guidance on the rules to follow to check documents with examples of acceptable documents from 1 February 2016.
Our response to the Home Office proposals for an Immigration Bill 2015 Read our consultation response from August 2015 to the Home Office proposal for an Immigration Bill.
What the checks mean for you This article by the Home Office discusses the Right to Rent checks and what they actually mean for private landlords and tenants.
Evaluation of the Right to Rent scheme: Full evaluation report of phase one This Home Office evaluation reports on the impact of phase one of the Right to Rent scheme.
Research with landlords, letting agents and tenants This Home Office report is part of the evaluation of phase one of the Right to Rent scheme.
Mystery shopping to test the potential for discrimination within the sector This research published by the Home Office tested whether landlords and letting agents discriminated against potential tenants as a result of the Right to Rent provisions of the Immigration Act 2014.