As a landlord or letting agent, staying informed about any changes in legal responsibilities with Right to Rent checks is key to avoiding penalties and ensuring that you remain compliant with the law.
Right to Rent Checks
One area of particular importance for landlords and letting agents is in the ever-evolving guidance around these checks. The checks were introduced as part of the Immigration Act 2014 and they require landlords to make sure that their tenants can legally live in the UK. Failing to carry out these checks properly can result in hefty fines, and in some cases, criminal prosecution.
Recent updates to the Right to Rent guidance have been published [October 2024] and it is important for landlords and letting agents to be aware of the changes.
Action on Illegal Immigration
The Right to Rent scheme was introduced to help regulate and control illegal immigration by requiring landlords and letting agents to verify the immigration status of their tenants. Before entering into a tenancy agreement, landlords must check that all tenants over the age of 18 have the legal right to live in the UK.
If a landlord or letting agent rents out property without performing these checks, they can face fines of up to £3,000 per illegal tenant. In cases of intentional non-compliance, landlords may even face criminal charges that could result in an unlimited fine or even imprisonment.
Recent Updates to the Right to Rent Guidance
The government has recently published updated guidance for landlords and letting agents which clarifies specific aspects of these checks. Updates include important information about Indefinite Leave to Remain (ILR) endorsements and new details regarding Ukrainian nationals.
- Clarification on ILR Endorsements from Crown Dependencies
The updated guidance now includes a clarification within List A Group 1 regarding acceptable documentation for proving a tenant’s right to rent. Specifically, Indefinite Leave to Remain (ILR) endorsements in a current passport from a Crown Dependency (such as Jersey, Guernsey, or the Isle of Man) are now considered acceptable proof of a tenant’s right to live in the UK.
For landlords and letting agents, this means that, if a prospective tenant presents a valid passport containing an ILR endorsement from one of these Crown Dependencies, you can accept this as valid documentation during the Right to Rent check process.
- Updates to Annex C: Ukrainian Nationals
The ongoing situation in Ukraine has led to updates in visa schemes for Ukrainian nationals seeking refuge in the UK. The Right to Rent guidance has been updated to reflect these changes, specifically in Annex C. This update advises landlords and letting agents that visa schemes for Ukrainian nationals have now closed and offers details about changes to the Homes for Ukraine scheme.
One key update is that Ukrainian nationals that applied to the Homes for Ukraine scheme after 19 February 2024 now have permission to remain in the UK for 18 months only, rather than the longer periods previously granted under the scheme. This change is important for landlords as it affects the legal status of tenants arriving from Ukraine.
How Checkback Can Help with Right to Rent Checks
While conducting these checks is a legal obligation, it can often be a complex and time-consuming process. Checkback specialises in helping landlords and letting agents perform efficient and compliant Right to Rent checks.
By using Checkback’s services, you can streamline the entire process, avoid mistakes that could be costly, and ensure compliance with the latest government regulations.
At Checkback, we offer:
- Expert Knowledge and Compliance: Checkback follows all changes to legislation, ensuring your checks are always compliant.
- Accurate and Efficient Checks: Checkback’s right to rent checks are carried out quickly and accurately.
- Documentation Review: Checkback ensures that all necessary documents are thoroughly checked, including passports, visas, and ILR endorsements.
Why It’s Important to Stay Updated
Recent updates, especially concerning Indefinite Leave to Remain endorsements and Ukrainian nationals, highlight how quickly visa schemes and immigration laws can change.
By using Checkback, landlords and letting agents can stay on top of changes without having to navigate complex immigration law themselves.
Conclusion
The recent updates to the Right to Rent guidance include important clarifications that all landlords and letting agents should be aware of. Ensuring that you understand the latest changes regarding Indefinite Leave to Remain endorsements and Ukrainian nationals is crucial for staying compliant with the law.
For landlords and letting agents looking to simplify their checking processes and ensure compliance with the latest guidance, services like Checkback provide a valuable solution. By outsourcing these checks, you can focus on other aspects of property management while having peace of mind that your tenants’ immigration status is being thoroughly verified.
To stay informed on the latest updates and for further information on Right to Rent checks, visit the UK Government’s Right to Rent guide.
