As of 1st February 2016, landlords (and letting agents if acting on behalf of the landlord) must check that a tenant or lodger can legally rent a residential property in England.

Failure to comply with this legislation means a landlord can be fined up to £3,000 for renting a property to someone who isn’t allowed to rent property in England.

Before the start of a new tenancy, the landlord must make checks for tenants aged 18 and over even if:

• They’re not named on the tenancy agreement
• There’s no tenancy agreement
• The tenancy agreement isn’t in writing

If the tenant is only allowed to stay in the UK for a limited time, the check needs to be carried out in the 28 days before the start of the tenancy.