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Right to Rent Check was introduced to the private rented sector in England through the Immigration Act 2014. This requires landlords and agents to check before the tenancy if the prospective tenant or lodger can legally rent the residential property in England. Anyone without the ‘right to rent' is disqualified from renting and cannot be permitted to occupy the property.
On 1st December 2016, the government has announced additional penalties relating to the right to rent. Landlords could face potential imprisonment for failure to check the tenant’s right to rent status, thus, it should be done correctly every time.
If a landlord is guilty of the offence of letting his/her property to a disqualified person, a notice shall be sent from the Home Office informing them that the tenant is disqualified. But for landlords who performed the right to rent check property, there is a statutory defence if reasonable actions or steps are taken to remove the tenant from the property and of course, if they have performed the right to rent checks on time.
Right to Rent Check for EU, EEA, and Switzerland Nationals
In the Government’s right to rent check guidance, starting 1st July 2021, there will be right to rent check for citizens from the EU, EEA, and Switzerland. They cannot just rely on an EEA passport or national identity card. They are compelled to present evidence of lawful immigration status in the UK, in the same way as other foreign nationals. Only Irish citizens can continue to use their passports to prove their right to rent.
Many of which will no longer need a physical document using the Home Office online service. Citizens from the EU, EEA, and Switzerland who have applied successfully to the EU Settlement Scheme or for a UK visa will need to use the government’s new “View and Prove” online service to show their right to rent status.
Landlords and agents cannot insist individuals who use this service or discriminate against those who choose to use their documents to prove their right to rent
Right to Rent Check Temporary Adjustment Update
Due to the Covid-19 pandemic, there was temporary adjustment made since 30th March 2020 in in carrying out right to rent checks such as:
· checks can be done over video calls
· scanned documents or photos can be sent by tenants for checks through email or a mobile app
· Landlord Checking Service should be used if a prospective or existing tenant cannot provide any of the accepted documents
The temporary process of carrying out the right to rent change will end on 31st August 2021. From 1st September 2021, the right to rent check shall be done face-to-face.
This is for landlords and letting agents to have enough time to carry out face-to-face document checks.
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