Have a question?
033 3772 0409

Housing Solicitors

Home Office publishes guidance on right to rent checks (4 January 2016)

Date: 04/01/2016
Duncan Lewis, Housing Solicitors, Home Office publishes guidance on right to rent checks

The Home Office has published guidance for landlords on Right to rent immigration checks: landlords' code of practice.

The guidance is intended for landlords, homeowners and letting agents affected by the introduction of right to rent immigration checks and includes a Code of practice on illegal immigrants and private rented accommodation for tenancies which started before 1 February 2016, a Draft code of practice on illegal immigrants and private rented accommodation for tenancies which start on or after 1 February 2016 – and a Code of practice for landlords: avoiding unlawful discrimination when conducting ‘right to rent’ checks in the private rented residential sector.

The code of practice explains to landlords whether their property is affected by immigration checks – and whether any exemptions apply, as well as how to carry out a right to rent check.

The code also explains the documents that prospective tenants can show to landlords as evidence of their right to rent – and when and how to request a right to rent check from the Home Office.

The code sets out how to avoid unlawful discrimination when conducting immigration right to rent checks – and explains how the how the civil penalty scheme works.

The Home Office right to rent checks mean that for tenancies which start on or after 1 February 2016, landlords of properties throughout England should check that someone has the right to rent before letting them a property.

Since 1 December 2014, landlords of properties in the West Midlands, including landlords in Birmingham, Walsall, Sandwell, Dudley and Wolverhampton have been the first to test right to rent and carry out the checks.

All landlords will now have to make the checks from 1 February 2016 – and within 28 days before the start of a new tenancy, a landlord must make checks for all adult tenants (aged 18 and over) and for all types of tenancy agreements, whether written or verbal.
Tenants in some types of accommodation – including social housing and care homes – will not need to be checked.
Under the rules, landlords who fail to make the required checks on a tenant’s immigration status can be fined up to £3,000 for letting a property to a tenant who does not have the right to live in the UK – and a landlord must also check if the property is the tenant’s main home or only home.

Landlords must also make copies of all relevant documents and store them under the terms of the Data Protection Act – and must make a further check on a tenant if their permission to stay in the UK is time limited.

Duncan Lewis Housing Solicitors

Duncan Lewis housing solicitors can advise landlords and public sector or private sector tenants on a wide range of housing matters – including right to rent checks, landlord’s obligations under the Housing Act, disrepair of rented accommodation, Landlord and Tenant disputes, tenancy agreements and unlawful eviction.

There are Duncan Lewis offices nationwide – and our housing law solicitors can also advise on Local Authority housing and council’s obligation to re-house.

For expert legal advice on housing law, call Duncan Lewis housing solicitors on 0333 772 0409.


For all Housing related matter contact us now.Contact Us

Call us now on 033 3772 0409 or click here to send online enquiry.
Duncan Lewis is the trading name of Duncan Lewis (Solicitors) Limited. Registered Office is 143-149 Fenchurch St, London, EC3M 6BL. Company Reg. No. 3718422. VAT Reg. No. 718729013. A list of the company's Directors is displayed at the registered offices address. Authorised and Regulated by the Solicitors Regulation Authority . Offices all across London and in major cities in the UK. ©Duncan Lewis >>Legal Disclaimer, Copyright & Privacy Policy. Duncan Lewis do not accept service by email.