Ask Andy – ‘Help! How do I do Right to Rent checks on my Warrington tenants?’

Question:

‘Hi Andy,

I’ve advertised my property online and have tenants interested in moving in. This isn’t my first time dealing with new tenants, however I read about something online called a ‘Right to Rent check’. Is this something that’s compulsory? How do I carry out a right to rent check?

Thanks,

Mark’

Andy’s Answer:

First of all, good luck with your new tenants in your property!

Right to Rent is part of the Immigration Act 2014. As of 1^st February 2016, Landlords must not allow any adult to occupy a property as their only or main home by creating a tenancy agreement, unless they have the 'right to rent' in the UK.

Someone who has the right to rent is defined as someone who is the following:

• a British citizen  
• a European Economic Area (EEA) or Swiss national
• has a right to rent in the UK e.g has a valid visa which expires after the proposed tenancy end date. 

All adults who fall under the above criteria must be checked, regardless of ethnicity, nationality, etc.

This responsibly falls on all landlords who are renting privately, have a lodger, sub letting a property, or are an agent appointed by the landlord. These checks must be carried out prior to signing any proposed tenancy. 

There is a range of documents which you can use to check this, which can be found on https://www.gov.uk/government/publications/right-to-rent-document-checks-a-user-guide.

The easiest documents to use are passports, identification cards and if necessary, any visas. However, there is a comprehensive list on the link above to a range of documents which can be used to carry out the checks. There are services out there which can carry out the checks for you (many referencing agencies carry out this process for you as an optional extra) or ensure you are using the correct documents in your checks.

If you have any further questions, feel free to drop me an email or give me a call. Email me on andy@hamletwarrington.co.uk or call on 01925 235338. If you are in the area, feel free to pop into the office – we are based on 6 Bankside, Crosfield St, WA1 1UP. There is plenty of free parking and the kettle is always on.

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