Normally, the landlord will be responsible for performing this verification, even when they hire an agent to manage their properties for them. However, you can arrange to transfer the responsibility for performing a rental right verification to your agent. This must be done in writing and cannot be agreed to verbally. You must verify that a tenant or tenant can legally rent their residential property in England.
Check with the Home Office if the tenant is a Commonwealth citizen but doesn't have the correct documents; they may still have the right to rent in the UK. This guide advises the landlord, leasing agent or homeowner how to verify the right to rent when renting a privately rented home. Right to Rent requires leasing agents in England to verify that all tenants occupying their properties have legal status to live in the United Kingdom. This means that before you can rent a home in England, a tenancy agent must verify your identity before renting the property.
You can approve a right to rent check proving that you have the right to live in the UK. Landlords and agents must verify the immigration status of the adults who will be living on the property before the tenancy begins. The responsibility for carrying out the checks lies with the landlords and you must carry them out for all tenants over the age of 18, regardless of whether they are in the lease or not. If a tenant subleases the property without you knowing it, they are responsible for monitoring the subtenants.
They will be responsible for any civil penalty if they do not perform the verification properly. Once the verification of the right to rent has been completed, it's useful to know what status it gives to the tenant. You have two options when it comes to verifying the right to rent: use a government participation code or check documents manually. If you don't report your tenant, if you discover that they can no longer legally rent a property in England after carrying out a follow-up check, you could impose a fine or a prison sentence of up to 5 years.
At present, Right to Rent has not been adopted in Scotland, Wales or Northern Ireland and it is unlikely that it will be adopted in these regions anytime soon. Changes have been made regarding how those with pending applications with the EUSS prove their right to rent; see Annex C for more information. To manually check a tenant's right to rent, you must request original documents (not copies) from each of your tenants over 18 years of age, showing that they are entitled to rent in the United Kingdom. If you sublet the property you rent, it will be your responsibility to verify the right to rent and keep evidence of this before any occupant leaves or changes.
Here's everything you need to know about Right to Rent: what it is, how checks are conducted and what this means for renters looking for a property in England. Landlords who demonstrate that they have correctly carried out checks on Right to Rent may present a defense against any penalties imposed by authorities. An EU, EEA or Swiss citizen who has been granted indefinite permission to stay in the UK under EU Settlement Scheme also has an unlimited right to rent in England. All tenants applying for a lease in private rental sector must be included in Right to Rent checks.
If it is discovered that one or more tenants no longer have legal status to live in England after follow-up checks have been conducted, landlords can allow remaining legal tenants to continue their tenancy by reassigning it to one or more remaining adult occupants who have Right to Rent status. The system requires landlords and agents to prove that prospective tenants of privately rented housing have legal right to reside in UK. Certified Identity Service Providers (IDSP) are external providers that comply with government standard and can digitally verify Right to Rent status of British and Irish citizens who hold valid passport (including Irish passport cards).
