Landlords to monitor tenants’ ‘right to rent’

Residential landlords will have a legal requirement to check that all tenants have a right to rent in the UK from today. From 1 February, a landlord must check individuals’ documentation, take copies and retain them for 12 months after the end of the tenancy under the provisions of the Immigration Act 2014. Writing in this week’s Estates Gazette, Joanne Young, an associate at Ashfords LLP, explains the new “right to rent”, which places an obligation on all private landlords to check that their tenants, and any adults who will be living with them, have a right to rent. Sounds simple? For those with an unlimited right to rent, it is not too onerous. But complications arise if an adult occupant can prove only a time-limited right to rent. This increases the landlord’s obligations, adding the requirement for a further check after 12 months and possible reporting to the Home Office. Young highlights the risks of falling foul of the legislation: “Landlords could fairly easily find themselves inadvertently accepting fake documentation, or failing to carry out checks within the time limits.” Further concerns for landlords could include complying with the requirements of the Data Protection Act 1988 and facing discrimination claims “if they try and avoid the complexities of the IA by renting only to UK nationals.” For more on what to be aware of, click here to read A happy new year for residential landlords.