The Government has, of today (01 February 2016), launched the Right to Rent Scheme (the “Scheme”) nationwide. All landlords of privately rented property or their agents are required to check that new tenants have a legal right to be in the UK before renting the properties.

The Scheme applies to:

  • landlords letting private rented property;
  • landlords or occupiers allowing a lodger to live in a private rented property;
  • a tenant or occupier sub-letting a private rented property;
  • agents appointed in writing by landlords to take responsibility for compliance with the Scheme.

A list of tenants in the following types of housing which will not require a right to rent check:

  • accommodation involving local authorities
  • accommodation tied to employment
  • care homes, hospitals and hospices and continuing healthcare provision
  • hostels and refuges
  • leases which grant a right of occupation for a term of 7 years or more
  • social housing
  • student accommodation if (i) it has been provided directly by a higher or further educational institution (such as halls of residence), or (ii) where a student has been nominated to occupy the accommodation by a higher or further educational institution or a body established for charitable purposes only - if this is the case then as a landlord you should retain a copy of the nomination document relied upon to support a claim to this exemption.

The penalty for failing to carry out the checks where a tenant does not have a right to rent in the UK is up to £3,000 per illegal tenant.

If you have any questions about the content of this article please contact either Chetal Patel, Associate in our Immigration Department or Lesley Robinson, Partner in Real Estate Disputes.

Chetal  Patel photo

Chetal Patel

Senior Associate

+44(0)20 7551 7741

View full information about Chetal Patel
Lesley Robinson photo

Lesley Robinson

Partner and Head of Real Estate Disputes

+44(0)20 7551 7791

View full information about Lesley Robinson

Posted on 01/02/2016 in Legal Updates

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