Life as a landlord can be complex. The lettings sector is
fast-paced, with legislative changes continually being rolled out and enforced.
The latest in a long line of measures to be introduced is
the Right to Rent scheme.
Here at Balgores Property Group,
we’ve put together a handy series of questions and answers on the topic to ensure
that all landlords remain up-to-speed on this latest legislative change…
What is Right to
Rent?
In the UK, only those with the permission or right to be in
the UK have the legal right to rent property, and those who don't consequently
are not allowed.#
It was announced by Home Office ministers last year that it
is to become compulsory for all landlords to check prospective tenants'
documents to ensure that they have a right to rent property legally, known as
the Right to Rent scheme.
What does a Right to
Rent check entail?
Your Right to Rent check should begin by checking which
adults will be living at the property as their main or only home, before
requesting to see original documents that permit the tenant to legally live in
the UK.
While the tenant is present, you must check the documents
are genuine, which can be done by looking at the photograph, or ensuring that
the date of birth matches up across all documents.
You must then make and retain a copy of the documents,
taking note of the date that the check was completed.
What is the reason
behind this new legislation?
The Right to Rent scheme was first introduced as a pilot
scheme in parts of the West Midlands in December 2014, and this extension
across England is the next phase in its nationwide roll-out.
It was initially developed as part of wider reforms to the
immigration system to make it fairer and more effective. James Brokenshire,
Immigration Minister, says that the scheme “is about deterring those without
the right to live, work and study in the UK from staying here indefinitely.”
When does it come
into play?
The Right to Rent scheme officially comes into play on
February 1st, so landlords only have a couple of weeks to ensure
that they have implemented the new system into their pre-tenancy process.
That said, the Home Office recently encouraged landlords to
begin the checks now as they can be carried out up to 28 days before the start
of a tenancy – so anyone being checked in January would qualify.
What happens if you
fail to comply?
If you fail to complete the checks and it is discovered by
the Home Office that you are letting property to an illegal migrant, then you
may be liable for a civil penalty up to the value of £3,000.
The amount you will be required to pay will be dependent on
whether it is your first offence and whether you are letting to a lodger or
letting private accommodation.
Whose responsibility
is it to carry out the checks?
The responsibility falls to the landlord to carry out the
necessary checks and obtain all documentation from tenants.
However, some landlords may instead choose to enlist the
help of a well-respected and trustworthy letting agent such as Balgores Property Group.
If this is the case and you require an agent to carry out
the checks, then a written agreement must be drawn up, transferring all responsibility
across.
Who's immigration
status am I required to check?
When completing the Right to Rent checks, it’s crucial you
check every tenant over the age of 18. However, as a landlord, it is also
advisable to keep an eye on those approaching the age of 18 to ensure that they
are checked when they come of age.
If you require assistance in carrying out the necessary
checks, then why not get in touch with Essex and Kent based estate and
letting agent Balgores Property Group?
If you need further advice on becoming a landlord, then we
also offer a free landlord guide.
What's more, you can take advantage of our free online property rental valuation tool to
discover how much rent you could earn in the current local market.
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