I’m a Tamworth Landlord, manage my own property portfolio and have done so for a number of years. My question is, these recent guidelines that I read about called ‘Right to Rent check’ – must I now do this for any new tenant, is this compulsory? Why I’m asking is that I’m considering renting out a property to my cousin. Surely the Right to Rent check does not include family and friends.
The Right to Rent checks were introduced to Tamworth as of 1st February 2016. It’s part of the Immigration Act 2014 which is to ensure that no Landlord or agent permits any adult to occupy a dwelling unless they have a ‘Right to Rent’ in the UK.
The responsibility for these checks has been passed down from the Home Office to the Landlord or agent acting on behalf of a Landlord. Checks MUST be carried out prior to the start of the tenancy. All adults must be checked regardless of nationality,ethnicity or blood group, so even though you are looking to rent to your Cousin you should keep on file a copy of his/her passport. Under age children do not need checking, you should verify their age and keep a note on file. All pertaining paperwork should be retained on file for as long as required.
It is a criminal offence if you are seen to be making exceptions to the checking process i.e people who appear to be English. So if you make it statutory as part of your business process to check every man and his dog, you will not fall foul of the law.
1/A British citizen.
2/A European Economic Area (EEA) or Swiss national.
3/Has a right to rent in the UK e.g has a valid visa which expires after the proposed tenancy end date.
There are a number of documents which can be used to check the Right to Rent, the usual ones being passports, identity cards and visas, for more information and a full list , check out the governments website.
- Read and follow the government’s online guidance
Should you not feel confident to carry out the checks yourself, there are many referencing companies who will complete these checks on your behalf.
If you have any further questions, feel free to drop me an email or give me a call. Email me on firstname.lastname@example.org or call on 07531484956.
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