Property Blog
Right to Rent Documents Check Guidance
- Principal Solicitor
- September 16, 2021
Right to Rent
The “Right to Rent Documents Check Guidance” which provides guidance for landlords and tenants in England was updated on 3 September 2021 updated. The guidance provides information on how right to rent checks should be carried out and which documents are now acceptable.
The previous update on this guidance was released in July 2021 and there are many changes to be found in the current updated guidance. The updated guidance makes it much more clear on what documents are acceptable for a right to rent check and how a Landlord or Agent can check the documents.
Immigration status and right to rent
The right to rent relates to a person’s immigration status.
Under the right to rent provisions
- Certain people do not have a right to rent, or live in, private residential accommodation as their only or main home;
- In order to avoid sanctions, Landlords affected by the provisions must check that any adult occupier of residential accommodation they let out has a right to rent, and continues to have a right to rent;
- An occupier with no right to rent can be evicted without a Court Order in specified circumstances.
Leave to Enter or Remain in the UK
Depending on their immigration status and which type of leave to enter or remain in the UK they have, people can have:
- An unlimited right to rent;
- A time-limited right to rent;
- No right to rent.
The Home Office may also grant a discretionary right to rent.
Persons who have an unlimited right to rent
A person has an unlimited right to rent if they are:
- A British or Irish citizen;
- A Commonwealth Citizen with right of abode in the UK;
- A person with indefinite leave to remain (ILR) in the UK, including settled status granted under the EU Settlement Scheme;
- A person with no time limit on their stay in the UK.
After 30 June 2021 EU, EEA and Swiss nationals and their family members no longer have an unlimited right to rent unless they meet one of the conditions listed above.
Persons with no right to rent:
A person has no right to rent if they do not have valid leave to enter or remain in the UK, and have not been granted discretionary permission to rent by the Home Office.
Who is required to carry out checks:
Right to rent checks must be carried out by anyone that is letting out private residential accommodation in England. Civil or criminal sanctions, may be applied to those that do not comply.
The requirements apply to:
- Private landlords letting out self-contained premises;
- Owners, tenants and other occupiers granting a licence to a lodger or sub-letting premises;
- Agents appointed in writing by a Landlord to take responsibility for complying with the scheme.
Right to Rent Guidance
Guidance can be found by clicking the following links:
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The contents of our blogs are based on English Law, and because they contain historical material, that information may be out of date. For that reason, please consider the date that the blog was posted and remember that the laws may differ in different legal jurisdictions.
