The ‘Right to Rent’ legislation is one step closer to being rolled out across England, after MPs backed the scheme as part of the second reading of the Immigration Bill in Parliament last month.
Here are some tips on conducting initial right to rent checks:
1. Establish the adults who will be living in the property. Be vigilant and consider whether the number of occupiers is reasonable for the size and type of property. Agents should keep a record of any enquiries and responses.
2. Obtain original versions of acceptable documents which prove right to rent. For unlimited right to rent occupiers, checks can be made at any point prior to a tenancy agreement being made. For time-limited right to rent occupiers, checks should be made up to 28 days prior to the tenancy agreement being granted.
3. Check the documents in the presence of the holder. This can be done either in person, or via a live video link and agents must check that the documents appear genuine and belong to the occupier presenting them. Pay close attention to photographs and ensure details such as date of birth are consistent across documents. Also check they have not expired and explanations for any discrepancies are recorded.
4. Make copies of all documents and retain them with a record of the date checked. Copies should be made in a format that cannot be edited later, e.g. photocopied, and retained securely either electronically or in hard copy.
5. Carry out follow up checks on time-limited right to rent occupiers.
Conduct them in the same way as the initial checks, retaining copies of any new documents. If an occupier no longer has the right to rent, the agent does not need to evict them, but should make a report to the Home Office in writing by post or email.
6. What if the occupier says they have the right to rent but cannot prove it?
If they cannot provide proof because of an ongoing immigration application or because they have a discretionary right to rent, agents can request a check from the Home Office. Confirmation will be sent within two working days.
Alternatively contact us, as part of our referencing service we will do it all for you.
