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Right to Rent a Guide for Tenants

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| image 23rd Jul 2024 | image 3Min. To Read

Right to Rent checks are an essential legal requirement for letting agents and landlords in England. The identity checks are deigned to make sure that tenants are in the UK legally. The initiative was introduced by the Home Office and at present only applies in England, with Scotland, Wales, and Northern Ireland exempt from Right to Rent checks. If you are thinking of moving into a rented property in England for any reason, you should be prepared to go through a Right to Rent check first. Here’s what to expect.

Process For Right to Rent Checks

Letting agents and landlords must run checks on all prospective tenants aged 18 and over. They may ask to see original forms of ID such as a passport, ask tenants to log into an approved identity service provider (IDSPs), or use the Home Office’s share code system for tenants born outside the UK. If the tenant is on a visa which is time limited, such as a student visa, the landlord or letting agent must repeat the checks to ensure their tenant still remains legally allowed to rent.

Tenants who have either a British or Irish passport can use an online Identity Service Provider or IDSP to confirm their identity. This service involves setting up an account, and then using key biometric details in passports or other key identity documents to verify who someone is. Tenants from countries outside the UK or Ireland can generate a share code from the Home Office and this will give the landlord real-time information about their immigration status.

Right to Rent for Overseas Tenants

It is common for landlords to agree to a tenancy in principle for overseas tenants, subject to an ID check upon arrival in the UK and confirmation of their legal Right to Rent. People who are moving to the UK for work and study should therefore make sure of their legal rights and status before paying out any deposits and other fees to letting agents as they may lose money if they cannot prove their immigration status.

Many tenants in the private rented sector are only allowed to be in the UK for a limited time, perhaps as a student. Landlords must repeat checks to make sure that their tenants remain legally int the UK for the duration of their tenancy. If a tenant loses their right to live in the UK, landlords or letting agents have no option but to end the tenancy and give them a minimum of 28 days to leave.

Advice for Navigating Right to Rent

There is no getting around Right to Rent checks and there is lots of information online about the system and how it works. The best advice for any tenant is to respond to any requests for information as quickly and accurately as possible. Your landlord or letting agent should be able to guide you through the system. Remember also that identity checks are only part of the process, which might also include credit checks and references from previous landlords.