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Check your tenant's right to rent

Private landlords need to provide the right to rent to all adults living on their premises. Whether it is a rented property or sub-let, every lodger must have the right to rent checks.

Individuals looking forward to renting a property in the UK need to be familiar with the right to rent checks. If you do not provide this information, you will be prone to criminal eviction.

Check your tenant's right to rent

What is right to rent?

As the name suggests, the right to rent means a condition under which the tenant can rent a property from the landlord. It is necessary to understand who is eligible for the right to rent and who is not. Some of the ordinary people who will qualify for the right to rent include:

  • Irish and British citizens.
  • Those who have the pre-settled and settled status.
  • Those who hold the humanitarian protection or refugee status.
  • Citizens from another country who do not have a specific time limit for living in the UK.

All the commonwealth citizens must check whether they have the right to rent or not. Under certain circumstances, these individuals will also be eligible for the same.

What is a right to rent check?

A right to rent check is the process in which the adult who wants to rent a property provides all the relevant information to the landlord. This is primarily a verification process under which the landlord will check your eligibility.

The process is the same as that of any immigration officer checking whether you have a valid passport or not. On seeing your documents, the landlord must take a copy of the papers and ensure if it is being appropriately checked or not. The right to rent property will vary. Therefore, it is crucial to check the tendency state date. This will help determine if the individual can rent the property.

What type of tenants needs checking?

As per the laws, all the lodgers and tenants in the UK require checking. To check only the ones who aren't British is regarded as a form of discrimination.

Time-limited right to rent

Anyone within this category has limited time regarding the right to rent. Therefore, it is advisable to check them thoroughly. The following conditions determine the category:

  • Pending application for immigration.
  • Limited leave to be there.
  • Certification of Application to prove that they have already applied for the EU settlement scheme.
  • Pre-settled status.
  • Permission to rent a property as guaranteed by the Home Office.

People who have limited time will have to provide necessary documents to the landlord. The landlord may conduct an extra check to see if the particular tenant has 12 months or not to rent the property. If any discrepancy is found in the investigation, the landlord will report the same to the Home Office.

No Right to Rent

While all the tenants need to have a right to rent, some may not have this flexibility. Therefore, it is essential to report them to the respective authorities. The individual will not be eligible for the right to rent if they do not have the application from the Home Office or their immigration status has expired.

Nonetheless, reaching out to the authorities can ensure that these people receive permission from the Home Office. According to the statement by Home Office, "A person without leave who is looking to take up a new tenancy can enquire whether they have permission to rent through their established contact points within the Home Office, such as at a reporting event, interview appointment, or through the team dealing with their cases."

What are the steps to conduct right to rent checks?

The landlord is responsible for checking the right to rent of the tenant. Therefore, they must follow the entire process legally to prevent any discrepancy. Some of the common steps to follow while conducting the right to rent checks are as follows:

  • Check if the tenant will be using the rented property as their only or main house.
  • Ask for proof from the tenant regarding their residence in the UK. Therefore, some standard documents to check for this include birth certificates, driving licenses, and passports.
  • It is advisable to update all the documents and record the data.

The UK government provides an official website from which the landlords can check the right to rent of their tenants. It is advisable to use the service anytime a tenant comes in. Whether you are an agent or the main landlord, the UK government's right to rent checking service can be highly beneficial to landlords.

However, the landlord must enter basic information such as a shared code and birth date. The shared code is usually available with the tenant. While you are checking the right to rent for your tenant, make sure to ask them to mail you the share code.

Do all types of accommodations belong to the right to rent checks?

Landlords must be very particular about the right to rent checks. No matter which tenant they are checking, they must check the right to rent. However, not all accommodations require the benefit of the right to rent checks.

Some of the common properties where the tenant does not need to provide the right to rent information include

  • Mobile home.
  • Hostel.
  • Care home.
  • Local authority's accommodation.
  • Accommodation provided as the part of tenant's job.
  • Social housing.

What would happen if the tenant's right to rent status is about to expire?

If a tenant's right to rent status is about to expire, the landlord must inform the respective government bodies. In the report, the landlord should mention the complete details about the tenant, such as

  • Name and contact information of the landlord.
  • Rental property address.
  • Name of the tenant whose right to rent is about to expire.
  • Date when the tenant started renting the property.

If the right to rent is about to expire, the landlord must wait for the lodging decision. If the Home Office suggests that the tenant be evicted, they should be.

Right to Rent is extremely important for people living in the UK. The failure to conduct Right to Rent checks can lead to the landlord paying a severe penalty. Therefore, make sure to follow the guidelines provided by the Home Office to prevent any negative impact.

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