Understanding right to rent checks – for Landlords

What is a Right to Rent check?

 It’s now a legal requirement for landlords before the start of a tenancy. The check shows that a tenant has the right to rent a property in England.

Simply put… in the eyes of the law, people who are allowed to be in the country have a right to rent, and anyone without permission to be here doesn’t have a right to rent. However, the checks should not be discriminatory – indeed, all tenants must be checked, not just those from overseas.

The Right to Rent check has been a legal requirement since February 2016 when it was rolled out across England. As your appointed agent for you we would meet with the prospective tenant no sooner than 28 days before the start of the letting. We would process their application and verify their supporting documents and collect other information, in line with current data protection laws.

There are a few essential responsibilities we would do on your behalf, none of them fun, but all essential.  For instance, we carry out a follow-up check if your tenant’s permission to stay ends at any point. You should do this 12 month after the initial check or whenever their permission to stay expires.

If they fail the follow-up check, then it’s your/our responsibility to tell the Home Office, otherwise you could be hit a fine or even imprisonment for up to five years!

The Right to Rent check is ultimately the landlord’s responsibility, although this task can be passed on to an Cavendish, as your agent. As lettings agents in North Wales and Cheshire we often manage properties on behalf of landlords and carry out all checks and follow-ups. If you have a question about Right to Rent, or if you’re a landlord  looking for a lettings agent to steer the process, please email and we’ll be happy to help.