Sections 20-31 and schedule 3 of the Immigration Act 2014 (“The Act”) came into force on 1 February 2016 and brings further statutory obligations for landlords and even agents to comply with. Landlords must now carry out the necessary checks to ensure they are renting to a person who has the Right to Rent, a person who has the right to rent is someone who is:
a) a British citizen,
b) a national of an EEA State other than the United Kingdom,
c) a national of Switzerland,
d) has been granting permission by the secretary of state enter or remain in the UK, or
e) granted permission by the secretary of state to occupy a premises in the UK for the purpose of Chapter 1 within the Act.
If the above is not complied with a contravention of section 22 (of The Act) will have been committed in which a penalty notice of an amount up to £3,000 may be served upon the landlord.
Where there is a superior landlord or agent in relation to the tenancy agrees in writing to carry out the landlord’s statutory obligations, that agent will be responsible for failure to comply with The Act which would result in a penalty notice being served upon the agent.
Acceptable Documents to establish “Right to Rent”
List A (Group 1): Documents named in this section permit the holder permanent right to rent in the UK.
List A (Group 2): At least two documents named in this section to must be seen, documents named in this section permit the holder permanent right to rent in the UK.
List B: Documents named in this section permit the holder to a time-limited right to rent in the UK.
List A (Group 1):
– UK passport EEA/Swiss national passport/identity card
– Registration Certificate or document certifying permanent residence of EEA/Swiss national
– EEA/Swiss family member Permanent Residence card
– Biometric Residence Permit with unlimited leave
– Passport or travel document endorsed with unlimited leave
– UK immigration status document endorsed with unlimited leave
– A certificate of naturalization or registration as a British citizen
List A (Group 2):
– UK birth or adoption certificate
– Full or provisional UK driving license
– A letter from HM Prison Service
– A letter from a UK Government Department or Local Authority
– A letter from National Offender Management Service
– Evidence of current or previous service in UK armed forces
– A letter from a police force confirming that certain documents have been reported stolen
– A letter from a private rented sector access scheme
– A letter of attestation from an employer
– A letter from a UK further or higher education institution
– A letter of attestation from a UK passport holder working in an acceptable profession
– Benefits paperwork
– Criminal Record Check
– A valid passport endorsed with a time-limited period
– Biometric immigration document with permission to stay for time-limited period
– Non-EEA national residence card
– UK immigration status document with a time limited endorsement from Home Office
Certain agreements are excluded from this scheme such as tenancies involving local authorities, social housing, care homes, hospitals & hospices