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New legislation changes will affect landlords and tenants in the UK

INDUSTRY NEWS OCTOBER 2015

New legislation changes will affect landlords and tenants in the UK

Immigration News - October 2015

From 1 February 2016, all private landlords in the UK will have to check if their tenants have the legal right to reside in the country. This is called right to rent checks.

Essential information for landlords

You will have to make rent checks if:

  • You are a private landlord;

  • You have a lodger;

  • You are sub-letting property;

  • Are an agent appointed by a landlord to make right to rent checks.

What steps the right to rent checks includes:

  1. Check if the rented property will be the tenants’ main home or only home;

  2. Check the tenants’ original documents showing their right to reside in the UK;

  3. Check the validity of the documents with the tenant present;

  4. Copy all the stated above documents, record the date you made the check and keep these copies safe.

You have the right to request a Home Office right to rent check if your tenant has an outstanding immigration application or appeal with the Home Office.

Types of agreements, which does not oblige the property owner to make the checks:

  1. Student accommodation - in this case a student has to be nominated to occupy the accommodation by an educational institution. Such a nomination requires communication between the institute and the landlord providing confirmation that the student will take up occupation under the residential tenancy agreement.

  2. Social housing;

  3. Long Leases- leases of 7 or more years;

  4. Tied accommodation- accommodation provided to an employee by the employer;

  5. Hostels and refuges- those which are operated on a non- commercial basis such as: properties managed by social landlords, charities or voluntary organisations and whose operated costs are covered by a government body;

  6. Hospitals and hospices, care homes and continuing healthcare provision;

  7. Mobile homes;

  8. Accommodation involving local authorities- when the accommodation agreement is based on statutory requirement to provide accommodation to homeless people or when the occupier needs to be placed in a private property.

Essential information for tenants

If you rent a private property or you sub-rent yours, from 1 February 2016 you have to be prepared to present list of documents showing that you reside legally in the UK to your landlord or its agent. Acceptable documents are:

  • UK passport

  • EEA passport or identity card;

  • Registration certificate or a Permanent Residence Card or travel document showing indefinite leave to remain;

  • Home Office immigration status document;

  • Certificate of registration or naturalisation as a British citizen.

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