The 5 Implications of Right to Rent on Tenants 

The 5 Implications of Right to Rent on Tenants 

28 Sep 2023

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The UK’s Right to Rent policy was introduced as part of the Immigration Act 2014 and has been a topic of much debate and discussion. At MyVetting.com, we understand the role that Right to Rent checks play in the UK and we’ll explore the 5 implications of Right To Rent on tenants.

If you’re just starting out as a landlord or if you’re a first time renter, this article will give you a quick run down on what you can expect from a right to rent check, why it has to happen and what it could mean for you.  

What is the Right to Rent policy? 

The Right to Rent policy operates in England and it requires landlords to check the immigration status of prospective tenants before they can rent out a property to them. The right to rent check policy was implemented as a part of the government’s efforts to curb illegal immigration and prevent individuals that do not have the legal right to reside in the UK from accessing rented accommodation. 

5 Implications for tenants 

Documentation and Identification Requirements

Prospective tenants are required to provide a range of documents to prove their immigration status. This may include passports, visas, and biometric residence permits. The responsibility of providing these documents and ensuring they are up-to-date falls on the tenant. 

Greater Administrative Burden

The Right to Rent policy has added an administrative burden on tenants. Tenants must provide the necessary documentation. Traditionally, landlords would have had to have in place a secure system of verifying documentation and storage. Time-consuming, this could lead to delays in securing a rental property. However, MyVetting’s online Right to Rent checks mean that documentation is checked digitally using the Government’s IDVT technology. Reports are sent straight to the landlord where it can be digitally accessed via your Client Dashboard or downloaded and saved to your own system. 

Potential Discrimination

Concerns were raised that the Right to Rent policy may inadvertently lead to discrimination against individuals that appear to be “foreign” or have non-’British’ names. Some tenants may find themselves facing additional scrutiny or bias when attempting to rent a property. 

Privacy Concerns

The policy requires landlords to keep copies of tenants’ immigration documents, raising privacy concerns. Tenants may worry about the security and confidentiality of their personal information, especially in cases of identity theft or data breaches. 

Risk of Eviction

In some cases, tenants with uncertain immigration status may fear reporting issues with their documentation or immigration status changes to their landlords out of fear of eviction. This can lead to situations where tenants live in fear of losing their homes. 

How does Right to Rent work? 

Under the Right to Rent policy, landlords must conduct immigration status checks on all adult tenants and lodgers (18 years and older) before granting a tenancy. This involves reviewing and verifying the immigration status of prospective tenants by examining specific documents, such as passports or residence permits. Landlords are required to make copies of these documents and keep them on record throughout the tenancy. 

If a tenant’s immigration status changes during the tenancy, landlords may be obligated to report this to the Home Office. Failure to comply with these requirements can result in penalties for landlords, including fines and imprisonment. 

The Right to Rent policy in the UK is important as it addresses several key issues related to immigration, housing, and landlord-tenant relationships. Its significance can be understood from various perspectives: 

  • Immigration Control: Prevent individuals without legal immigration status from accessing rented accommodation and exerts governmental control over who resides in the country and so deterring illegal immigration. 
  • Legal Obligation for Landlords: Conducting immigration status checks on prospective tenants is a legal obligation for landlords. 
  • Preventing Illegal Employment: Preventing individuals without the right to work from accessing rental properties indirectly contributes to the prevention of illegal employment.
  • Deterrence: The existence of the policy acts as a deterrent for individuals who may consider residing in the UK without the proper documentation. 
  • Protection for Landlords: The Right to Rent policy can provide a level of protection for landlords. By conducting checks and ensuring that tenants have the legal right to reside in the UK, landlords can reduce the risk of housing individuals with uncertain immigration status who may later become ineligible for public funds or face deportation. 

Tenant Rights and Concerns 

While the policy is primarily focused on immigration control, it also has implications for tenants. It has raised concerns about potential discrimination, privacy, and administrative burdens for tenants. 

Impact on Vulnerable Groups

Vulnerable groups, such as refugees or individuals seeking asylum, may face particular challenges under the Right to Rent policy. They may have complex immigration statuses or documents that are difficult to verify, making it harder for them to secure housing. 

The Impact of Right to Rent in Humanitarian Terms  

Beyond the administrative and legal implications, the Right to Rent policy can have a profound human cost. Tenants who are unable to provide the required documentation or who face delays in verifying their status may find themselves without a place to call home. This can lead to homelessness, family separations, and the disruption of lives. Critics of the Right to Rent policy argue that it places an unfair burden on landlords and tenants, contributes to discrimination, and does little to achieve its intended goal of reducing illegal immigration. Calls for reform have been growing, with some advocating for its repeal. 

The implications of the Right to Rent policy on tenants in the UK are multifaceted. While the policy aims to address issues related to illegal immigration, it has raised concerns about discrimination, privacy, and the potential for homelessness among vulnerable groups. As discussions around immigration policies continue, it’s essential to consider the broader social and human impact of such regulations and seek a balance between immigration control and the protection of tenants’ rights and well-being. 

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