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Right to Rent

The Right to Rent

Since 1 December 2016 all private landlords in England have been required to ensure that they apply the Right to Rent check to any person to whom a tenancy is being offered to ensure that she or he has the right to rent in the UK. 

People who are allowed to be in the UK have a Right to Rent.  People who are not allowed to be in the UK do not have the Right to Rent. 

 

What are the checks?

Housing associations, housing societies, almshouse trusts and other private landlords advertising on Homes4Wiltshire are required to check certain documentation from the prospective tenant and other adults who will live in the home before allowing them to move into a property.  Everyone who bids successfully for a home through Homes4Wiltshire, regardless of nationality, will need to provide at least one document to the prospective landlord confirming that they have the right to rent in the UK.  So, if you bid successfully for a home, you will have to produce at least one document for each adult who will live there, even if not named on the tenancy agreement.


A list of acceptable documents can be viewed here [attach guide].  If the prospective landlord grants you a tenancy, a copy of the acceptable document or documents is retained by the landlord for the duration of the tenancy and for 12 months after the tenancy ends.

 

Who carries out the checks

Right to Rent checks are carried out by landlords, agents or householders who are letting a property.  This applies to both social and private rented properties.  We don’t perform these checks for council tenancies but the council has to be satisfied that a person is legally ‘eligible’ for social housing to be admitted to the Housing Register or the Open Market Register in the first place under rules laid down by the government.

 

Follow up checks

If a prospective tenant only has the Right to Rent for a time limited period, the landlord will carry out a further check towards the end of the time limited period to establish if the tenant retains the Right to Rent.  Tenants in this position are likely to remain on assured shorthold tenancies until the Right to Rent becomes permanent.

 

No longer have the Right to Rent

If a tenant no longer has the right to rent, the landlord will make a report to the Home Office.  The Home Office may take further action if the individual no longer has a right to be in the UK.  NB This does not automatically mean that the landlord will evict the tenant.

 

Further Information

For further information please visit https://www.gov.uk/check-tenant-right-to-rent-documents