Right to rent means simply that the occupier has a right to rent a property in the UK. This right can either be granted permanently or it may only last for a specific period of time. Anyone without it is disqualified from renting and cannot be permitted to occupy your property. The Immigration Act 2014 (Sections 22, 23, 24, 25, 26 and 32) introduced the concept of 'right to rent' to the private rented sector in England. This requires landlords and agents to check the immigration status of their prospective occupiers at the outset of the tenancy.

Originally, failure to comply could lead to a fine, however from 1 December 2016, the Government introduced additional penalties and offences relating to right to rent. Landlords now face potential imprisonment for failure to check the occupier's right to rent status, so it is even more important it is done correctly every time - This offence is triggered when the landlord or agent receives a notice from the Home Office informing them that their occupier is disqualified. However, provided you performed the right to rent checks properly and take reasonable steps to remove a disqualified tenant from the property then you will have a statutory defence from prosecution.

 

Fines for a first breach will increase from £80 per lodger and £1,000 per occupier, to up to £5,000 per lodger and £10,000 per occupier (within the last three years). Repeat breaches will be up to £10,000 per lodger and £20,000 per occupier, up from £500 and £3,000 respectively (within 3 years).

‘Occupier’ means a person who is, or who will be, authorised to occupy the property under the residential tenancy agreement, whether or not they are named on that agreement.

 

Illegal immigrants CANNOT rent with us by virtue of the Right-to-Rent Law. We're required to check that all people aged 18 or over have the right to rent before the start date of the tenancy agreement.

 

REQUIREMENTS

Landlords must not allow an adult to occupy a property as their only or main home unless they can establish the adult has a right to reside in the UK. This means landlords are now required to check the identification of everyone who is over 18 and expected to occupy the property.

We don't collect any sensitive documentation via our online pre-qualification in line with our privacy policy - You need to come along with acceptable documents (whether UK Citizen or Foreign National with a qualified valid visa) when viewing in-person.

 

ACCEPTABLE DOCUMENTS

You're required to come in-person with an acceptable document, when viewing in-person:

Any one of the following will be acceptable...

• Passport (current or expired)

• Other immigration document

 

 

Any two of the following will be acceptable...

1. A birth certificate issued in the UK.

 

2. An adoption certificate issued in the UK.

 

3. A birth certificate issued in the Channel Islands, the Isle of Man or Ireland.

 

4. An adoption certificate issued in the Channel Islands, the Isle of Man or Ireland.

 

5. A letter which:

(a) is issued by a government department or local authority no longer than three months before the date on which it is presented, (b) is signed by a named official stating their name and professional address, (c) confirms the holder’s name, (d) confirms that the holder has accessed services from that department or authority or is otherwise known to that department or authority.

 

6. A letter which:

(a) is issued no longer than three months before the date on which it is presented,

(b) is signed by a British passport holder who is or has been a professional person or who is otherwise of good standing in their community.

(c) confirms the holder’s name,

(d) states how long the signatory has known the holder, such period being of at least three months’ duration, and in what capacity,

(e) states the signatory’s name, address, profession, place of work and passport number.

 

7. A letter issued by a person who employs the holder no longer than three months before the date on which it is presented, which indicates the holder’s name and confirming their status as an employee and employee reference number or National Insurance number and states the employer’s name and business address.

 

8. A letter issued by a police force in the UK no longer than three months before the date on which it is presented, confirming that the holder has been the victim of a crime in which a document listed in List A (Group 1) belonging to the holder has been stolen and stating the crime reference number.

 

9. An identity card or document issued by one of His Majesty’s forces or the Secretary of State confirming that the holder is or has been a serving member in any of His Majesty’s forces.

 

10.A letter issued by His Majesty’s Prison Service, the Scottish Prison Service or the Northern Ireland Prison Service confirming that the holder has been released from the custody of that service no longer than six months before the date on which that letter is presented and confirming their name and date of birth.

 

11.A letter issued no longer than three months before the date on which it is presented by an officer of the National Offender Management Service in England and Wales, an officer of a local authority in Scotland who is a responsible officer for the purposes of the Criminal Procedure (Scotland) Act 1995 or an officer of the Probation Board for Northern Ireland confirming the holder’s name and date of birth and confirming that the holder is the subject of an order requiring supervision by that officer.

 

12.A current licence to drive a motor vehicle granted under Part 3 of the Road Traffic Act 1988 (to include the photocard licence in respect of licences issued on or after 1st July 1998) or Part 2 of the Road Traffic (Northern Ireland) Order 1981 (to include the photocard licence).

 

13.A certificate issued no longer than three months before the date on which it is presented, by the Disclosure and Barring Service under Part V of the Police Act 1997, the Scottish Ministers under Part 2 of the Protection of Vulnerable Groups (Scotland) Act 2007 or the Secretary of State under Part V of the Police Act 1997 in relation to the holder.

 

14.A document, or a screen shot of an electronic document, issued no longer than three months before the date on which it is presented, by His Majesty’s Revenue and Customs, the Department of Work and Pensions, the Northern Ireland Department for Social Development or a local authority confirming that the holder is in receipt of a benefit listed in section 115(1) or (2) of the Immigration and Asylum Act 1999.

 

15.A letter which:

(a) is issued no longer than three months before the date on which it is presented,

(b) is issued by a public authority, voluntary organisation or charity in the course of a scheme operated to assist individuals to secure accommodation in the private rented sector in order to prevent or resolve homelessness,

(c) confirms the holder’s name,

(d) states the address of a prospective tenancy which the authority, organisation or charity is assisting the holder to obtain.

 

16.A letter which: (a) is issued by a further or higher education institution in the UK, (b) confirms that the holder has been accepted on a current course of studies at that institution, (c) states the name of the institution and the name and duration of the course.

 

 

 

HOW WE DO THE CHECK

Initial and/or follow-up checks. Some checks will allow for an unlimited right to rent, while others will allow for a time-limited right to rent. The majority of individuals will have an unlimited right to rent (UK Citizens, EUSS), and others will have a time-limited right to rent (Qualified Valid Visa Holders).

There are 3 types of right to rent checks:

• a manual document-based check - (All citizens)

 

• a check using Identity Verification Technology via the services of an identity service provider (British and Irish Citizens Only)

‘Identity Document Validation Technology (IDVT)’ are forms of technology operated for the purpose of verifying the identity of a person, whereby a digital copy of a physical document relating to that person is produced for verification of the document’s validity, and whether that person is the rightful holder of the document.

‘Identity Service Provider (IDSP)’ is a provider of identity verification services using IDVT. An IDSP may be certified to provide identity verification to specific levels of confidence, specified by government standards. IDSPs are sometimes referred to as ‘identity providers’.

 

• a check via the Home Office online checking service (non-British and non-Irish Citizens)

‘Home Office Landlord Checking Service (LCS)’ refers to the enquiry and advice service operated by the Home Office that landlords are required to contact in certain circumstances to check whether a person has a right to rent.

‘Home Office online right to rent check’ means the online checking service allowing landlords to check whether a person is allowed to rent in England. No other online portal relating to immigration status may be used instead for right to rent purposes.

‘Negative Right to Rent Notice’ (NRRN) is a negative confirmation that a person does not have the right to rent from the Landlord Checking Service (LCS). If a landlord receives an NRRN but continues to enter into a tenancy agreement with this person, the landlord will not have a statutory excuse and may be liable for a civil penalty.

 

 

We reserve the right to choose which option but not everyone can use the online service.

 

 

Avoiding Discrimination

It is unlawful to discriminate against individuals on grounds of protected characteristics, including race, when entering into residential tenancy agreements. Those experiencing unlawful discrimination may claim compensation in the civil courts.

We are proactive in avoiding unlawful discrimination when conducting 'right to rent' checks in the private rented residential sector’, non-discriminatory and in accordance with statutory equalities duties.

We apply checks to all occupiers, whether or not they may already believe the occupiers to be legally in the UK.

Checks are performed without regard to race, religion or any other protected characteristics or equality grounds as specified in the Equality Act 2010 on all adults who will be living in the property.

 

EXCLUSIONS

- Secretary of State Permissions

- Children (under 18yrs)

- Holiday Accommodation of less than 3 months - hotel, guesthouse, caravan, cottage, holiday apartment.

- House Guests (Family or Friends)

- Accommodation arranged by local authorities

- Social housing

- Care homes, hospitals and hospices and continuing healthcare provision

- Hostels and refuges

- Mobile homes

- Tied accommodation

- Student accommodation

- Long leases.

 

 

CURRENT CODE OF PRACTICE UPDATES - PUBLISHED ON 23RD JANUARY 2024

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NOTE:

Right-to-Rent only confirms your UK Immigration Status and not your ability to pay rent - hence the Tenant Referencing, where we do income verifications.

 

RENTING ALTERNATIVES

You may not qualify to rent in the UK, but you can buy in the UK without being present in the UK at the time of the transaction, subject to AML/CTF Regulations.

 


 

RELATED PAGES

Tenant Referencing

Minority-Friendly

Non-Discrimination Policy

Renting Process

Normal AST

Rent-to-Buy