Book a Property Valuation
logo

What is right to rent?

Posted on: Thursday, March 3, 2016

As of the 1st February 2016, no tenancy can legally commence until the right to rent has been established. But what exactly is right to rent? Here is a very brief overview.

Before a property is legally rented, all landlords have to confirm that the tenants have the right to rent residential property in the UK. And, under Section 22 of the Immigration Act 2014, landlords should not authorise an adult to occupy a rented property unless the adult is a British Citizen, is a European Economic Area citizen, or Swiss National, or has a Right to Rent in the UK.

Who needs to be checked?
Landlords or the lettings agent must check that a tenant or lodger can legally rent the residential property in England.
Before the start of a new tenancy, they must make checks for all 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

All new tenants must be checked.

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

Some types of accommodation are excluded from these checks. Click here to view these types. There is no need to check tenants in some types of accommodation (e.g. social housing and care homes).

How will tenants be checked?
All landlords and lettings agents have to check original documents to make sure a tenant has the right to rent in the UK.

What will happen if a tenant fails to pass the checks?

If a tenant fails to pass the checks, the landlord or letting agent cannot legally allow the tenant to rent the property.

Further checks
Landlords and lettings agents must make further checks on their tenants to make sure they can still rent property in the UK, if their permission to stay is time limited.

If tenants fail to pass the further checks, they may be evicted from the properties.

What could happen to landlords if they fail to comply?
Landlords can be fined if they rent their property to someone who isn’t allowed to stay in the UK and you / they can’t show that they checked a tenant's right to rent.

Can landlords delegate the responsibility to a lettings agent?
Landlords can ask any agents that manage or let their property to carry out the check on their behalf. All landlords and lettings agents should have this agreement in writing.

If a tenant sub-lets the property without the landlord knowing, they’re responsible for carrying out checks on any sub-tenants.

For further information on right to rent, please visit gov.uk
 


What Our
Clients Say

"

I would highly recommend Hardings. Their knowledge of the local area is outstanding, and they give honest and reliable advice. They have always been my partner of choice when buying and selling.

Rhiannon Prothero

"

Have used Hardings for many year on both personal and commercial property deals. Have always found them to be transparent, honest, authentic, and a pleasure to work with. Will continue to use in the future.

TB

"

I would highly recommend Hardings Estate Agents. They have excellent knowledge of Windsor and the surrounding areas, and are extremely professional, responsive and courteous. I would not hesitate to using them again the future. I recently dealt with Milica who was instrumental in securing us our new home in Windsor as well as the sale of our existing property. She was a fab negotiator and a real pleasure to work with from beginning to end. Thank you!

Jonathon Beresford

"

Hardings of Windsor managed our purchase with complete professionalism and went over and above in my opinion to manage the transaction and chain, resulting in a really smooth purchase. Milica at Hardings constantly provided timely updates and managed respective solicitors and the chain effectively, always responding quickly to queries. The whole transaction would not have happened without Milicas' focus on making all parties comfortable and satisfying all queries, not only professional but a delightful and welcoming personal approach that was a constant throughout. Thanks Hardings! Thanks Milica!

Stuart Blatch

"

I would recommend using Hardings estate agents when buying or selling your property. Dominic (Scully) was always available, helpful and genuinely interested in my purchase and always calm and compassionate. If I ever move again my first choice will be Hardings.

Cath Powell

"

Dom and the team at Hardings were so helpful and efficient when I purchased my flat - friendly and professional service and kept us up-to-date the whole way through the process. It was my first time buying and so was very nervous but they helped me feel at ease.

Freppell

"

We bought and sold through Hardings and can't recommend their professional service enough. The whole Team are really lovely, we were kept informed throughout the process and never had to chase anything.

Natalie Quint

"

I used Hardings when I bought my property as well as when I sold it and the service has been fantastic both times. I very much recommend Hardings!

Therese Jouini

"

We recently purchased our new home with Hardings Estate Agents. The whole team there were very helpful and flexible with us, arranging viewings quickly on the same day. They were always quick to respond and if ever our point of contact was not there, the service did not change as they work well together as a team. We received a personalised service, which allowed the sale to proceed quickly. Thank you all and we recommend Hardings Estate Agents without hesitation.

Mike B

"

What a pleasure it was to deal with Milica from Hardings. She sourced the perfect property for me and my family (while we were still abroad) and worked endlessly to put the deal together. I would give more than 5 stars if at all possible!

C D

"

Fantastic customer service and made what could have been stressful a total breeze. Dominic and Louisa were brilliant in helping me and my parents buy and sell our houses - reliable, helpful and thoughtful. Thank you!

Eloise Harris

"

Thank you, Dominic and Louisa - having not moved for over 30 years you helped me all the way, step by step. You were always polite, communicative, reassuring and very supportive. Would recommend Hardings wholeheartedly.

Anna Bowen
How Much is Your Property Worth?

How Much is Your Property Worth?

A senior member of our sales team will visit your property to discuss current market trends and how your home; based on size, condition and location should be pitched to achieve the best possible price and buyer. Coupled with an excellent understanding of the local market we do a detailed analysis of what else has sold and what is coming onto the market so we can give you the best chance to capitalise on your biggest asset.

Book a Valuation