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Landlords: Do your Tenants have the “Right to Rent”?

From 01 February 2016 all private residential landlords are required by law to check that their tenants have permission to live in the UK and correspondingly have the “right to rent”.

In practice this means that a landlord must undertake checks to determine whether a tenant or lodger can legally rent a residential property in England. As such, before the start of a new tenancy, a landlord must make checks for all tenants aged 18 and over, even if they are not named on the tenancy agreement. These checks also apply even if there is no tenancy agreement, or the agreement isn’t in writing.

The Government is keen to stress that landlords must check all tenants. It’s against the law to only check people who landlords think aren’t British citizens.

Further rules apply if the tenant is only allowed to stay in the UK for a limited time.

Remember, as a landlord, if you don’t check your tenants, you could be fined up to £3,000.

You can read more about the landlord’s right to rent code of practice here.


If you would like further information on this or any other landlord and tenant related issues please contact Andrew McManus:

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