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Only a few weeks until Right to Rent checks apply across England

The new law means that from 01 February landlords with property in England will have to carry out checks to ensure potential tenants have the right to rent property in the UK.

Already they can start to carry out right to rent checks as these can be done from 28 days before the start of a tenancy agreement.

‘Many responsible landlords have already been undertaking similar checks and these are straightforward and do not require any specialist knowledge,’ said Immigration Minister James Brokenshire.

He explained that the Right to Rent rule is part of the government’s wider reforms to the immigration system to make it stronger, fairer and more effective. ‘Those with a legitimate right to be here will be able to prove this easily and will not be adversely affected. The scheme is about deterring those without the right to live, work or study in the UK from staying here indefinitely,’ he pointed out.

Right to Rent was first introduced in parts of the West Midlands in December 2014 and the extension to England is the next phase of a UK wide roll out. Landlords, and anyone who sublets or takes in lodgers, could face a financial penalty of up to £3,000 per tenant if they are found to be letting property to someone who has no right to stay in the UK.

Stephen Gabriel, strategic manager for homes and communities from Sandwell Council, explained that research done as part of the pilot found that many landlords felt carrying out checks was good practice, and that the new system was simple and easy to follow.

There is an online checking tool available on GOV.UK which landlords can use to guide them through the process, and also to request a check on anyone who has an outstanding case with the Home Office.

Right to rent checks should be carried out on all adult tenants for new tenancy agreements in England from 01 February 2016. The scheme is backed up by codes of practice which include guidance on avoiding unlawful discrimination drawn up with the assistance of the Equality and Human Rights Commission.

 

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