Right to Rent compliance – What do you need?

The Right to Rent Policy 

The UK Right to Rent policy, introduced as part of the Immigration Act 2014, is part of the government’s efforts to control illegal immigration. This policy places specific responsibilities on landlords, letting agents, and tenants to ensure that rented properties are occupied by individuals that have the legal right to rent in the UK. Let’s see what you need for Right to Rent compliance to help ensure your checks are completed on time.  

Importance of Right to Rent Compliance

Right to Rent compliance is not only a legal obligation but also a fundamental and ethical responsibility in terms of renting properties. It safeguards the rights of both landlords and tenants, promotes fairness in the rental market, and contributes to the overall integrity of the immigration system. Failure to comply with these regulations can result in severe penalties for all parties involved. 

 Key Requirements of the Right to Rent Policy 

The Right to Rent policy requires that: 

• Landlords and letting agents verify the immigration status of adult tenants and lodgers by examining specific documents. 
• Accurate and up-to-date records of right to rent checks are maintained. 
• Right to rent checks are conducted before tenancy begins, with follow-up checks performed if documents have limited validity.
• Landlords report any changes in a tenant’s immigration status to the Home Office. 

Who Should Conduct Right to Rent Checks? 

The responsibility for conducting right to rent checks primarily falls on landlords and letting agents and must be conducted before the tenancy agreement is signed. It is the responsibility of the landlord to avoid discrimination based on nationality, race, or other factors when conducting checks.

Right to Rent Compliance Checklist for Landlords and Letting Agents 

Pre-Tenancy Checklist: 

• Request Required Documents: Use MyVetting’s client dashboard to request that Right to Rent evidence is submitted for review digitally.   
• Check Validity: IDVT-approved, documentary evidence is digitally checked and verified
• Report Storage: Ensure that you digitally store your returned Right to Rent checks securely.  
• Notification: Familiarise yourself with Home Office notification requirements if a tenant’s status changes. 

Ongoing Compliance Checklist: 

• Follow-Up Checks: Complete follow-up checks as required for tenants with time-restricted immigration status. 
• Staff Training: Ensure that staff members responsible for conducting checks are trained and aware of the latest legal requirements. 
• Stay Informed: Stay updated on changes in immigration laws and regulations to maintain compliance. 

Best Practices for Landlords and Letting Agents 

• Establish clear procedures for right to rent checks and document verification. 
• Rely on official government guidance and resources when conducting checks. 
• Respect tenants’ privacy and handle their personal information securely. 

Right to Rent Compliance Checklist for Tenants 

Tenant’s Pre-Tenancy Checklist: 

• Provide Required Documents: Be prepared to provide original documents to verify your right to rent. 
• Check Document Validity: Ensure that your documents are current and have not expired. 
• Respond Promptly: Respond promptly to requests for documents from landlords or letting agents. 

 Tenant’s Ongoing Compliance Checklist: 

• Report Changes: Notify your landlord or letting agent if your immigration status changes during the tenancy. 
• Maintain Valid Documents: Keep your immigration documents valid and up to date. 
• Cooperate with Checks: Cooperate with right to rent checks to facilitate a smooth rental process. 

Right to Rent Document Verification Guide 

Acceptable Documents 

One of the crucial aspects of compliance with the UK Right to Rent policy is verifying the authenticity of documents provided by tenants. Here’s a guide to understanding the types of documents that are acceptable as proof of right to rent: 

1. Passports

• UK and European Union (EU) Passports: A UK or EU passport is generally a straightforward document to accept for right to rent checks. Ensure the passport is current and unexpired. 
• Non-EU Passports: Non-EU passports are also acceptable, but you should check the tenant’s immigration status and visa conditions to ensure they have the right to reside in the UK. 

2. Biometric Residence Permits (BRP) 

• BRPs for Non-EU Nationals: Tenants with non-EU passports may have a Biometric Residence Permit (BRP) that specifies their right to reside in the UK. Verify that the BRP matches the tenant’s identity and has not expired. 

3. Identity Cards 

• Some EU Countries Issue Identity Cards: For tenants from certain EU countries, national identity cards may be accepted as proof of right to rent. Verify the tenant’s nationality and the card’s validity. 

4. Visa Stamps or Residence Stamps 

• Visa Stamps and Residence Stamps: Some tenants may have visa stamps or residence stamps in their passports. These can be used as evidence, but make sure they align with the tenant’s right to reside in the UK. 

5. Immigration Status Documents 

• Other Immigration Status Documents: In some cases, tenants may provide immigration status documents issued by the Home Office. These documents can vary, so ensure they are appropriate for the tenant’s situation.

Common Challenges in Right to Rent Document Verification 

While conducting document verification for the Right to Rent policy, landlords and letting agents may encounter common challenges and pitfalls. Understanding these issues is essential for avoiding non-compliance:

Complex Immigration Status
Some tenants may have complex immigration statuses, such as asylum seekers or individuals with pending visa applications. Understanding their rights can be challenging. You may need to seek legal advice or guidance from immigration experts to navigate complex cases. 

Forged or Counterfeit Documents 
The use of forged or counterfeit documents can be a significant concern for landlords and letting agents. Using digital IDVT-approved platforms, like MyVetting, can help to mitigate against forged documents 

Discrimination Concerns
The Right to Rent policy must be applied consistently and without discrimination. Tenants may raise concerns about being unfairly targeted. Develop clear policies and procedures for document verification that are applied uniformly to all tenants. Train staff to avoid bias and discrimination. 

By following these guidelines for document verification and being aware of common pitfalls, Right to Rent compliance will be more straightforward.