Can a Landlord Evict a Tenant if They Fail a Right to Rent Check?

Landlords in England are legally obligated to verify the immigration status of each adult who intends to occupy their rental property before providing them with housing. This is known as the Right to Rent program, which requires landlords to confirm that all potential tenants have the right to reside in the UK. If a tenant is disqualified from renting in the UK, they cannot occupy the property. The plan requires landlords to obtain, verify, and record the required documentation from all adults who intend to occupy their property.

These checks are necessary to verify both the identity of the tenants and their immigration status. In essence, the Right to Rent program provides a framework for landlords to ensure that tenants have the legal right to rent property in the UK. The checks themselves should be a relatively simple component of any new lease. However, landlords who fail to comply can end up facing fines of up to £3,000 per tenant or even imprisonment. Landlords operating elsewhere in the UK are not subject to the same legislation. A report from the Joint Council for Immigrant Welfare revealed that more than half of the landlords surveyed believed that the plan would make them less likely to consider renting to a foreign citizen.

Despite this, the government maintains that legislation on the Right to Rent provides good practice for landlords and stresses that any corresponding discrimination is, and will continue to be, illegal. When renting property in England, landlords now have a legal responsibility to check the applicant's immigration status and, at the same time, ensure that they avoid illegal discrimination against potential tenants. If a tenant has documentation stating that they meet one or more of these criteria, they can be considered entitled to rent in the UK. All adults must verify their Right to Rent before the start of the tenancy. It's important to note that checks are still mandatory, even if rented to a family member or friend. If a tenant sublets a property in exchange for rent, they become a landlord in their own right and are responsible for proving their Right to Rent to anyone they sublet.

This is also the case for landlords who rent part or all of their main home to tenants in exchange for a payment. Leasing agents and third parties can be used to carry out checks on the Right to Rent on behalf of the landlord. Verification of the Right to Rent must be done before entering into a lease agreement with a potential tenant. Any adult over 18 years of age who is going to occupy the property must check if their name is on the lease or not. When a prospective tenant has a limited-time rental right, checks must be made no more than 28 days before the start of the tenancy. It's also important to schedule a follow-up check in cases where a tenant's limited-time rental right expires while they continue to occupy the property. First, landlords must obtain original documentation from all adults who intend to occupy the property.

Scanned copies or photos of the originals are not considered sufficient, so it's important to physically check the original documents in person. Although exceptions were made during the coronavirus pandemic. When there may be variations between documents, a sufficient reason must be provided. The reasoning must also include supporting documentation and evidence. Finally, landlords must ensure that they keep track of the checks that are carried out.

The system requires owners to submit clear copies of each document and store them in an unalterable format. The date each document was verified must also be recorded and landlords must securely store this information for at least 12 months after the end of the lease. The Ministry of Interior has drawn up a detailed list of acceptable documents that can be taken into account when processing Right To Rent checks. The documents can be divided into those that prove an unlimited rental right (List A) and those that demonstrate a limited-time rental right (List B). This service is based on people first consulting their own rental rights register from The Ministry of Interior. They can then choose to share this information with owners by providing them with a sharing code. The participation code, when included along with prospective tenant's date of birth, can provide landlords with access access information about their right to rent as provided in real time by central office.

While this service can be useful in some circumstances, manual checks on Right To Rent can often be an easier way. Similarly, while landlords can encourage potential tenants use online service it's not possible insist person prove their right rent this way. Landlords must carry out simple checks applicable everyone including British citizens ensure person has legal status UK before renting property person. Landlords are penalized if they do not comply with these regulations and can only evict tenants without court order if no one living in home has right rent. Tenants must receive eviction notice at least 4 weeks advance.

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