Right to Rent

UK: Home Secretary sets out government’s immigration plans

Home Secretary, Amber Rudd, has been forced to defend herself over criticism of her speech on the government’s immigration plans at the Conservative Party Conference in Birmingham.

In her speech, Ms Rudd said firms employing from overseas could have to use tests to ensure migrant workers do not take jobs “British people could do”.

It was later revealed that a consultation paper will include an option to require businesses to reveal what proportion of their workforce is foreign.

Right to Rent now live in England

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.

Right to Rent checks in effect across England starting February 1, 2016

Right to Rent checks will be in effect across England starting February 1, 2016, according to a Home Office announcement.  Residential landlords will be required to check and copy prospective tenants’ documents to ensure they are legally present in the country before renting out property. Conducting such a check is a defense to a violation of the law. Those who fail to conduct a check may face a fine of up to GBP 3,000 per tenant.