Enhanced Penalties for Non-Adherence to Right to Rent Rules:
Established under the framework of the Immigration Act 2014, the 'Right to Rent' scheme carries significant ramifications for both tenants and landlords. It's crucial to be aware of the rules, especially as stricter fines for non-compliance are on the horizon.
In England, conducting a 'Right to Rent' verification is a non-negotiable part of initiating a tenancy agreement. This legal stipulation obliges landlords and letting agents in Beaconsfield to carry out these checks before formalising any new rental contracts.
Landlords have various options to confirm a tenant's eligibility for renting, either through digital means or traditional document verification.
Imminent Fine Increases:
Non-compliance penalties are set to escalate, with fines reaching:
- Up to £5,000 per lodger
- £10,000 per tenant
In the case of repeated violations:
- Up to £10,000 per lodger
- £20,000 per tenant
These amended fines are likely to take effect from the beginning of 2024.
Responsibilities of Landlords/Agents:
As a landlord or letting agent you are obliged to:
- Scrutinise all adult tenants who will primarily reside in the property
- Request original documents confirming the tenant's UK residency rights
- Perform these checks in the presence of the tenant to confirm document validity
- Secure photocopies of these documents and note the date the check was performed
- Execute any necessary subsequent checks (e.g., when a tenant’s visa expires)
- If a follow-up reveals an individual has lost their 'Right to Rent' status, it is your duty to notify the Home Office immediately.
Document Requirements:
The documents a tenant can provide depend on their nationality:
For UK citizens:
- A combination of a valid UK driving licence & original UK birth certificate, or
- A valid UK passport
For citizens of all other nationalities, you will require a share code using the online service via Gov.UK:
For this service you will need to provide
- a biometric residence card or permit
- a UK Visas and Immigration (UKVI) account
You will already have a UKVI account if you’ve ever:
- applied to the EU Settlement Scheme
- used the ‘UK Immigration: ID Check’ app to prove your identity when applying for a visa
- created one when applying for a visa (you’ll have received a UKVI account confirmation email)
Consequences of Inadequate Documentation:
Residence in any rental property is contingent upon all adult tenants evidencing their Right to Rent before the tenancy begins. Thus if you are renting through Ashington Page, these documents will be checked at the offer stage. Failure to provide the necessary original documents may lead to all occupants being barred from entering the property until the criteria are met.