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Right to Rent Checks

Posted on 5th February, 2016

Check Your Tenants’ Right to Rent …

to-let-pictureOnly people with the right to live in the UK have the right to rent property. If you’re a landlord, someone who sub-lets property or takes in lodgers, since 1 February 2016 you now have a legal obligation to carry out checks on all tenants aged 18 or over before you grant a tenancy. Some types of property are exempt from the new rules.

If you are found to be letting a home to a tenant who is not allowed to live in the UK you could be fined up to £3,000 per tenant unless you can establish a statutory excuse.

Landlords might expect their letting agents to take on the responsibility for carrying out the required checks as part of providing a comprehensive service. If letting agents agree to take on the legal responsibility for the checks, this should be set out in a written agreement. We can provide an appropriate agreement for you to use.

With Jacksons Law Firm’s ‘Right to Rent’ fixed-fee deal, the checking process is made simple. Whether you’re a landlord or letting agent, you would receive step-by-step advice on carrying out the checking process together with an agreement to cover the arrangement between landlord and letting agent if you need one.

We also recommend future tenancy agreements include appropriate provisions on the right to rent checks. We can help you with this.

If you have employees who live in staff accommodation with their partner or families under service occupancy agreements, you should carry out right to rent checks on those other occupiers and revise your service occupancy agreements. If you need assistance in updating your service occupancy agreements to include the necessary legal information, please get in touch.

For more information on the right to rent checks, click here to read our guidance note

To speak with someone about our ‘Right to Rent’ fixed-fee deal or for advice on the right to rent checks, please contact Stacey West on 01642 356500 or swest@jacksons-law.com For advice on tenancy agreements, please contact Lauren Smith on 01642 356500 or lsmith@jacksons-law.com

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