Who is Responsible for Conducting a Right to Rent Check?

Normally, the owner will be responsible for performing the verification of the right to rent, even when they hire an agent to manage their properties for them. However, it is possible to transfer the responsibility for performing this check to the agent, but this must be done in writing and cannot be verbally agreed. It is important to verify that a tenant or tenant can legally rent their residential property in England. It is possible to check with the Home Office if the tenant is a Commonwealth citizen but does not have the correct documents; they may still have the right to rent in the UK.

This guide advises landlords, leasing agents, or landlords how to perform a rental right check when renting private rental accommodation. Right to Rent requires leasing agents in England to verify that all tenants occupying their properties have legal status to live in the UK. This means that before you can rent a home in England, a rental agent must verify your identity before renting the property. You can write a check on the right to rent showing that you have the right to live in the UK. Landlords and agents must verify the immigration status of adults who will be living on the property before the lease begins.

The responsibility for these checks lies with the landlords and they must be carried out for all tenants over the age of 18, whether or not they are named in the tenancy agreement. If a tenant subleases the property without you knowing it, they are responsible for carrying out subtenant checks. The landlord or agent will be responsible for any civil penalties if they don't do the check correctly. If you don't report your tenant, if you find that you can no longer legally rent a property in England after carrying out a follow-up check, you could result in a fine or a prison sentence of up to 5 years. Changes in the way people with pending applications with the EUSS prove their right to rent are outlined in Annex C.At the time of writing this article, Right to Rent hasn't been adopted in Scotland, Wales, or Northern Ireland, and it is unlikely that it will be (although this cannot be guaranteed).

It is important to check with the Home Office if the tenant is a Commonwealth citizen but does not have the correct documents; they may still have the right to rent in the UK. The Residential Owners Association has been very active in trying to resolve this situation, but at present there are still many questions surrounding Brexit and what this means for EU citizens and their right to rent housing in England and across the UK. This means that it is your responsibility as a landlord or agent to collect rent, organize repairs to the property and carry out checks on the right to rent, and it is not the responsibility of the main owner, or name given to them in a sublease situation. If your landlord's check service tells you that you are not allowed to rent in England, you must decline your request. If you can't provide accepted documents that confirm your identity and right to live in the UK, you won't be able to rent property in England. Before renting your residential property to a tenant or tenant, you should check if they are legally allowed to rent a property in England.

If you rent a room to a tenant, you must verify their right to rent, unless your landlord says they will. For now, right to rent, in England, is very current and requires landlords or agents acting on their behalf to verify their immigration status (and keep copies of supporting documents) before renting accommodation to potential tenants. In other words, according to Government regulations, controls on right to rent carried out before a tenancy agreement should not be considered as contributing further discrimination as any such discrimination would be illegal and infringe on tenants' rights. Certified Identity Service Providers (IDSP) are third-party providers that comply with government standards and carry out digital checks on right to rent of British and Irish citizens holding valid passports (including Irish passport cards).

Alexa Frisino
Alexa Frisino

Subtly charming web junkie. Incurable zombie nerd. Friendly bacon enthusiast. Avid food lover. Avid social media fan.

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