Right to Rent Checks: Relocating and Renting in England

As an employee moving to England, you’re about to start an exciting new chapter. However, understanding the UK’s rental market can be complex, especially when confronting unfamiliar processes. One key step you’ll encounter is the Right to Rent check. The UK government introduced these mandatory checks in 2016, requiring landlords to confirm tenants’ legal right to live in the UK. This verification process is designed to ensure that only individuals with appropriate immigration status can rent property in England. The article aims to explain the process, providing you with essential information to ensure a straightforward transition into your new home.

Understanding Right to Rent Checks

Right to Rent checks are a legal requirement for landlords in England to confirm their tenants have the right to live in the UK. This process applies to all tenants aged 18 and over, regardless of nationality, including British citizens. The checks are designed to prevent those without lawful immigration status from accessing the private rental sector.

Key Points of Right to Rent

• Applies to all new tenancy agreements in England.
• Covers residential tenancies, including sub-lets and lodgers.
• Does not apply to social housing or student accommodation provided by educational institutions.

Right to Rent: What You Need to Provide

As a tenant, you’ll need to present original documents proving your right to live in the UK. The exact documents required can vary depending on your nationality and immigration status.

Here’s a non-exhaustive list of commonly accepted documents:

For British or Irish citizens

• Current or expired passport.
• Birth certificate (with additional proof of identity).
• Certificate of registration or naturalisation as a British citizen.

For EU, EEA, or Swiss citizens

• EU, EEA, or Swiss passport.
• Share code for settled or pre-settled status under the EU Settlement Scheme.
• Frontier Worker Permit.

For non-EU citizens

• Valid passport with current visa.
• Biometric Residence Permit.
• Immigration status document issued by the Home Office.

Other acceptable documents

• UK driving licence (full or provisional).
• Evidence of permanent residence in the UK.
• Home Office documents confirming right to stay in the UK.

For a complete list of acceptable documents, refer to the official UK government guidance.

Right to Rent: The Check Process in Detail

Document Verification

• Your landlord or letting agent will examine your original documents.
• They will check for authenticity, expiry dates, and any restrictions on your right to stay.
• Copies of the documents will be made and securely stored.

Timing

• Checks typically occur within 28 days before the start of your tenancy.
• For time-limited stays, follow-up checks may be required.

Online Checks

• Some checks can be completed online using a share code and your date of birth.
• This is particularly relevant for those with Biometric Residence Permits or EU settled status.

In-person Verification

• The landlord may need to see you in person or via a video call to confirm your identity matches the documents provided.

Record Keeping

• Landlords must keep copies of the documents for the duration of the tenancy and for one year afterwards.

Your Responsibilities for Right to Rent

• Provide Accurate Documents: Ensure all documents are genuine, original, and up-to-date.
• Cooperate with Checks: Be prepared to meet in person or conduct a video call for verification.
• Understand Your Status: Know your immigration status, any expiration dates, and the implications for your right to rent.
• Update Your Landlord: If your immigration status changes during your tenancy, inform your landlord promptly.
• Be Aware of Follow-up Checks: If your right to stay is time-limited, be prepared for additional checks.

Consequences of Non-Compliance with Right to Rent

Failing to provide the required information or cooperating with Right to Rent checks can have serious ramifications:

For Tenants

• You may be unable to rent the property.
• If your right to rent expires during your tenancy and you don’t update your landlord, you could face eviction.
• In severe cases, it could affect your immigration status or right to remain in the UK.

For Landlords

• Landlords face fines ranging from £5,000 to £10,000 for lodgers in a private household, and £10,000 to £20,000 for tenants in rented accommodation, with penalties increasing for subsequent breaches of Right to Rent regulations.
• Repeated offences can lead to criminal charges and imprisonment.

Tips for a Straightforward Right to Rent Process

• Prepare Early: Gather necessary documents before your house hunt to avoid delays.
• Communicate Clearly: Inform your landlord or agent about your immigration status and any time limitations.
• Stay Informed: Keep track of any changes to your immigration status and understand how they affect your right to rent.
• Seek Help if Needed: If you’re unsure about your status or the documents required, seek advice from the Home Office or an immigration specialist.
• Know Your Rights: Familiarise yourself with tenant rights in the UK to ensure fair treatment throughout the process.

Right to Rent: Implications for HR and Global Mobility Teams

HR professionals and global mobility teams play an important role in supporting relocating employees:

• Educate Relocating Employees: Provide comprehensive information about Right to Rent checks early in the relocation process.
• Assist with Documentation: Help employees gather and understand required documents, including any necessary translations.
• Liaise with Landlords: Be prepared to communicate with landlords or agents on behalf of employees if needed.
• Provide Cultural Context: Help employees understand the broader context of UK housing regulations and practices.
• Offer Ongoing Support: Be available to assist with any follow-up checks or changes in immigration status during the employee’s stay.
• Stay Updated: Keep abreast of any changes to Right to Rent legislation and update policies accordingly.

Right to Rent: Additional Considerations

Time-Limited Right to Rent

• Some individuals may have a time-limited right to rent, typically aligned with their visa expiration.
• Landlords must conduct follow-up checks for these tenants.
• Tenants should be prepared to provide updated documentation when required.

Right to Rent for Students

• International students often have time-limited visas and may need to provide additional documentation.
• University-provided accommodation is exempt from Right to Rent checks.

Right to Rent for Families

• Checks apply to all adult occupants, not just the named tenants.
• Children under 18 are not subject to checks but may need to be listed on the tenancy agreement.

Changes During Tenancy

• If a tenant’s immigration status changes during the tenancy, they must inform their landlord.
• Failure to do so could result in termination of the tenancy.

Discrimination Concerns

• If you feel you’ve been discriminated against, you can seek advice from the Equality Advisory Support Service.
• Landlords must apply Right to Rent checks consistently to avoid discrimination.

Final Thoughts on Right to Rent

Right to Rent checks are an essential part of the rental process in England. While they may appear daunting at first, understanding the requirements and preparing accordingly can ensure a straightforward transition into your new home. Remember, these checks are standard procedure and apply to all tenants, regardless of nationality. By being well-informed and prepared, you can approach this process with confidence and focus on settling into your new life in England.

For the most up-to-date and detailed information, always refer to the official UK government guidance on Right to Rent checks.

By familiarising yourself with the process before your move, you’ll be well-equipped to handle this aspect of renting in England. This knowledge will help you avoid potential issues and ensure a positive start to your relocation experience.