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    How to conduct a legally compliant Right to Rent Check in 2025

    6 months ago
    How to conduct a legally compliant Right to Rent Check in 2025

    Ensuring compliance with Right to Rent checks is essential for landlords in 2025. Failing to carry out these checks correctly can result in significant fines and legal consequences. All tenants in England must undergo a Right to Rent check before moving into a rental property. Landlords can conduct these checks themselves or rely on letting agents to carry them out on their behalf.   

    Understanding Right to Rent checks

    Right to Rent checks are a legal requirement for landlords in England. They are designed to ensure that tenants have the legal right to reside in the UK. Landlords must verify a tenant’s immigration status before allowing them to rent a property.  

    Steps to conduct a Right to Rent check

    1.     Request original documents: Ask prospective tenants to provide original documents that prove their right to live in the UK. Acceptable documents could include a passport, driving license, or biometric residence permit.

    2.     Check documents in the presence of the tenant: Review the documents with the tenant physically present or via a live video call if necessary. Ensure the documents are genuine and belong to the tenant.

    3.     Make copies and record the check: Take clear copies of the original documents and record the date of the check. Maintain these records for at least one year after the tenancy ends.

    4.     Conduct follow-up checks if necessary: If a tenant has time-limited immigration status, schedule a follow-up check before permission expires.

    5.     Report to the Home Office if required: If a tenant fails the Right to Rent check, landlords must report this to the Home Office to avoid legal liability.      

    Digital Right to Rent checks

    Landlords can use the government’s online Right to Rent service to check a tenant’s status digitally. This service provides a secure and efficient way to verify immigration status without handling physical documents.  

    Penalties for non-compliance

    Failing to carry out Right to Rent checks correctly can result in fines of £10,000 per tenant for a first-time penalty and £20,000 for further penalties per tenant.* Repeated violations may lead to criminal prosecution. Landlords should ensure they follow the latest legal requirements to avoid these penalties.    

    Final thoughts

    Staying compliant with Right to Rent checks is crucial for landlords in 2025. By following the correct procedures and using digital verification where possible, landlords can protect themselves from legal risks.   

    GOV.UK*

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