Normally, the landlord will be responsible for performing this verification, even when they hire an agent to manage their properties for them. However, you can arrange to transfer the responsibility for performing a rental right verification to your agent. This must be done in writing and cannot be agreed to verbally. You must verify that a tenant or tenant can legally rent their residential property in England.
Check with the Home Office if the tenant is a Commonwealth citizen but doesn't have the correct documents; they may still have the right to rent in the UK. This guide advises the landlord, leasing agent or homeowner how to verify the right to rent when renting a privately rented home. Right to Rent requires leasing agents in England to verify that all tenants occupying their properties have legal status to live in the United Kingdom. This means that before you can rent a home in England, a tenancy agent must verify your identity before renting the property.
You can approve a right to rent check proving that you have the right to live in the UK. Landlords and agents must verify the immigration status of the adults who will be living on the property before the tenancy begins. The responsibility for carrying out the checks lies with the landlords and you must carry them out for all tenants over the age of 18, regardless of whether they are in the lease or not. If a tenant subleases the property without you knowing it, they are responsible for monitoring the subtenants.
They will be responsible for any civil penalty if they do not perform the verification properly. To avoid discrimination, you must pay the right to pay rent to all your tenants, regardless of whether you think they are British citizens or not. For the time being, the right to rent, in England, is very much in force and requires landlords or agents working on their behalf to verify their immigration status (and keep copies of supporting documents) before renting housing to potential tenants. Limited stay in the United Kingdom Landlords and rental agents have a legal obligation to re-verify the right to rent if the identity document they provide comes from “List B”, as these documents only allow you to establish a legal excuse for a limited time.
This means that it's your responsibility to collect rent, arrange for property repairs, and make checks for the right to rent, and it's not the responsibility of the primary landlord, the name given to the primary landlord, in a sublease situation. Prospective tenants whose immigration status disqualifies them from renting may be under the impression that they have permission to rent. You can use your passport or an immigration document to prove your right to rent if you show that you have permission from the Home Office to be in the UK. If it is determined that the tenant is not a citizen of the United Kingdom, it is the responsibility of the landlord (or a designated agent) to check the current term of their immigration status and to carry out follow-up checks to monitor the situation over time, in case there are any time limits.
If you left Ukraine because of the war, you have the right to rent as long as you have permission from the Home Office to stay in the UK. If you sublet the property you rent, it will be your responsibility to verify the right to rent and keep the evidence before the occupant moves out. If you carry out the follow-up check and discover that they are no longer entitled to rent in the UK, you should report this to the Home Office. You can receive an unlimited fine or be sent to prison for renting your property to someone who is not allowed to stay in England.
If there's a time limit on how long your tenant can rent in the UK, be sure to follow up before the expiry date. This guide explains what landlords and rental agents must do to comply with the right to rent plan. All tenants applying for a lease in the private rental sector must be included in the right to rent checks. All residential landlords must verify the right to rent to all adults before starting a tenancy plan.
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