Right to Rent

Must check all occupiers have the right to remain:-

Before allowing an adult to live in your property, check that they have document(s) that show they have the right to be in the UK.
– Where a person’s right to be in the UK will expire during the tenancy, make follow-up checks either when the right expires or after 12 months, whichever is later.
– If a follow-up check shows that a person no longer has the right to be in the UK, make an official report to the Home Office.

The 4 basic steps are:-

1 Find out who will live in your property (not just those named on the agreement).

– Keep a record of the questions you ask to find out who will be living in your property as their main or only home.

– Remember to check all adults, whether or not they are named on the tenancy agreement.

2 Check that these people have a document on approved lists and take reasonable steps to check that the document is genuine, in the presence of the people (in person or via live video link).

3 Retain a copy of the document(s) and record the date of the check and the date of any follow-up checks needed.

– The copy may be in paper or electronic form. It should be possible to clearly see any dates, personal details and photographs on the copy.

– If a person shows you a document from List B, this means that they have a right to be in the UK for a limited time only.

4 Keep the copies of the documents safe throughout the tenancy and for at a year afterwards. If the occupier(s) only have a limited right to remain you will need to check again after just before their expiry, of after 12 months whichever is the later.

Useful web sites:

If the occupant(s) lose their Right to Remain:-  – inform the Border Agency -gov.uk/report-immigration-crime, or 0300 123 7000;

– Home Office will issue notice confirming person has lost their Right;  if all tenants have lost their Right landlord can issue 28 day Notice to Quit (format to be announced).

This notice can be treated as though a High Court Order;

– if some have lost their Right use Section 8; Ground 7B.

Tenancy can be transferred to other tenants, provided used in conjunction with other Ground.

The Government have issued a fact sheet on the use of electronic passports