‘Right to Rent’ – what does it mean?
You may have seen throughout the media recently that the new Right to Rent regulations are coming into force throughout the rental marketplace. As this is a new addition to the Private Rented Sector (PRS), we’ve put together this Q&A on ‘Right to Rent’ to help with questions such as what it is and how it may affect you.
What is ‘Right to Rent’?
Right to Rent has been introduced to ensure that property in the PRS is rented to someone who has a legal right to live in the United Kingdom. This scheme will be rolled out across the UK and checks will be done in our area.
When does it come in to action?
Right to Rent will come in to action on 1st February 2016. From this date, all requirements and regulations must be met.
Who does ‘Right to Rent’ apply to?
Right to Rent checks will be carried out on all adult tenants on tenancy agreements from 1st February 2016. Existing tenancy agreements will not be effected by the new regulations in relation to Right to Rent.
Who carries out these checks?
Right to Rent checks are to be carried out by the following:
A landlord who is letting private rented accommodation
A landlord or occupier who allows lodgers to live in the property
A tenant or occupier with the rights to sub-let a property
An agent appointed, in writing, by a landlord to take responsibility for complying with the Scheme
What happens if the checks are not completed?
If the checks are not completed and a property is found to have a tenant who does not have a legal right to live in the UK, a penalty of up to £3,000 per tenant can be issued.
Should checks be reassessed at any point?
Checks should be reassessed if a tenant has only received a temporary right to live in the UK. Carrying out a follow up check will ensure that you are complying with the regulations and help to avoid any situations where you are in breach of the Right to Rent regulations.
Your Belvoir Shrewsbury office will know more about Right to Rent and can assist you in the process. Please call 01743 242000. For more information, please click here:
The Government says: ‘Under section 22 of the Immigration Act 2014 a landlord should not authorise an adult to occupy property as their only or main home under a residential tenancy agreement unless the adult is a British citizen, or EEA or Swiss national, or has a “right to rent” in the UK. Someone will have the “right to rent” in the UK provided they are present lawfully in accordance with immigration laws. Landlords who breach section 22 may be liable for a civil penalty.’
