Can your tenant rent your property?

Posted 20 January 2016 by Angie Blunden

Did you know your obligations as a landlord include checking if your tenant can legally rent your property? This new requirement introduced by the Government is coming into force for all new tenancies starting from 1^st February. This follows a trial of the legislation in other areas of the UK which resulted in over 100 illegal immigrants being tracked down.

Within 28 days before the start of a new tenancy, landlords must make checks for people aged 18 and over living in the property (whether they’re named in the tenancy agreement or not) for all types of tenancy agreements, written or oral.

If a landlord does not perform the identity checks (including taking copies of documents in line with Data Protection rules) required for their tenants and other adults who will live in the property, they could be fined up to £3,000 or face a prison sentence.

So who can rent a UK property?

- British citizens
- Individuals with leave to enter and remain in the UK (however this leave must not expressly prohibit them from renting property in the UK)
- Nationals of the European Economic Area states
- Swiss nationals

Landlords must not allow adults to occupy the property if they are disqualified as a result of their immigration status. If their permission to stay in the UK is time limited, then the landlord my carry out further checks at the point this runs out. If someone rents the property and then loses their right to rent (or live in the property) due to their immigration status then the landlord can no longer allow them to remain in the property – to do so is in breach of the Act. Landlords must also inform the Home Office that the tenant can no longer legally rent property in the UK.

To be in breach of the Act, a landlord must be negligent. A landlord must be able to demonstrate the appropriate steps were taken to check the adults living in the property. It is not sufficient for the tenancy agreement to exclude those who do not have the correct immigration status from occupancy.

However, landlords can make arrangements for their letting agent to carry out these ‘Right to Rent’ checks on their behalf- this must be done in writing. If you would like advice on your obligations as a landlord under ‘Right to Rent’, please contact our ARLA Registered Lettings Team on 01403 246750 and they will be able to assist.

Angie Blunden
Lettings Manager 

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