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  • Olivia Thomas

Does YOUR tenant have the Right To Rent?


Recent reports have shown that over 400 fines have been issued to landlords who have failed to meet their obligations under the Right to Rent scheme, which came into force in February 2016. Landlords are required to check whether potential tenants have the right to live in the UK. More than £265,000 in fines have been levied for breaches of these rules. I thought I’d give you a recap with regard to the renting process.

How does this affect me, my tenants and my properties?

The main aim of the Right to Rent act is to minimise the number of illegal residents residing in the UK. The law states that private landlords must check that all potential tenants have the right to live in the UK before allowing them to rent their property. Landlords must carry out checks on all adults who will be living in the property that are over the age of 18, regardless of whether they are named on the tenancy agreement or not.

Who needs to make Right to Rent checks?

  • Private landlords

  • Anyone who has a lodger

  • Anyone who is sub-letting a property

  • Agent appointed by a landlord

If you are a landlord who is appointing an agent to carry out the checks on your behalf, it should be stated in your written agreement that the agent is responsible for the checks and any necessary follow up checks.

What happens if the checks aren’t carried out?

If right to rent and follow up checks are not carried out, you will be fined. This is also known as a civil penalty and can cost up to £3000

Our 4 Top Tips to remember

  1. Check all tenants over the age of 18

  2. Make copies of original documentation and kee

p them securely

  1. Ensure you are accepting correct documentation

  2. Do follow-up checks where necessary and on time-limited tenants

If you require any assistance or further information on this subject please don’t hesitate to contact RF&O or visit https://www.gov.uk/check-tenant-right-to-rent-documents.


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I hope you enjoy reading our blog and find it both informative and useful. These articles are designed for people who have an interest in the residential property market in and around the Alfreton and Ripley areas. 

 

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