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Right to rent changes in England

Written by Accommodation.co.uk | Feb 13, 2024 5:45:17 PM

The fines for Right to Rent checks have recently undergone significant increases, with repeat offences now carrying penalties of up to £20,000. Landlords and letting agents must be well-informed and vigilant about these changes to avoid non-compliance issues. Here is a breakdown of crucial information that every letting landlord should be aware of:

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The fines for Right to Rent checks have recently undergone significant increases, with repeat offences now carrying penalties of up to £20,000. Landlords and letting agents must be well-informed and vigilant about these changes to avoid non-compliance issues. Here is a breakdown of crucial information that every letting landlord should be aware of:

1. Higher Fines for Non-Compliance

As of February 13th, fines for non-compliance with Right to Rent check rules have soared. The penalties for initial breaches have surged from £80 per lodger to £5,000, and £1,000 per occupier to £10,000. Repeat violations can result in fines of £10,000 per lodger and a staggering £20,000 per occupier.

2. Conducting Accurate Referencing Checks

Landlords and agents can safeguard against fines by ensuring accurate referencing checks are conducted, and records of these checks are meticulously maintained. This precautionary measure is crucial to avoid penalties for non-compliance.

3. Types of Right to Rent

Understanding the types of Right to Rent is essential. Some applicants have "unlimited Right to Rent," including British and Irish citizens, those with EU Settled Status, and individuals with indefinite leave to remain. Others have a "time-limited" Right to Rent, requiring follow-up checks before the eligibility period expires.

4. Reporting Changes to the Home Office

Landlords must promptly report any changes in a tenant's Right to Rent during the tenancy to the Home Office.

5. New Online Service for Right to Rent

Starting February 13th, individuals with "in-time applications" can use the Home Office online service to prove their Right to Rent. The government has also increased civil penalty fines, making first-time breaches subject to charges of £5,000 per lodger and £10,000 per occupier.

6. Manual Checks and Home Office Landlord Checking Service

Landlords can conduct manual checks using accepted documents listed on the government's site. The Home Office Landlord Checking Service is an alternative for applicants without the necessary documents.

7. Online Service Eligibility

Landlords can use the Home Office's online service for applicants with biometric residence cards, settled or pre-settled status, or those who have used the "UK Immigration: ID Check" app.

8. Digital Checks and Identity Service Providers

From April 6th, 2022, landlords and agents can use certified Identity Service Providers with Identity Document Validation Technology for digital Right to Rent checks for British and Irish citizens. Tenants still have the option to request a manual check.

Remember, this article serves as a guide and not legal advice. For further information, refer to gov.uk. Stay informed to ensure compliance with the latest Right to Rent regulations.