Landlord and Tenant Update


Right to Rent

As you may be aware, from 1st February 2016, the obligation on Landlords to conduct “right to rent” checks is extended to the whole of England.  Previously it only operated in certain pilot areas.  Only people with the right to stay in the UK are permitted to rent.  The aim of the legislation is to tackle illegal immigration.

It is not necessary to check existing occupiers, even if the tenancy is renewed (provided the parties to the tenancy remain unchanged) but Landlords (or agents if the responsibility has been passed to them) do need to check new tenants and lodgers over the age of 18 years before they move in.  

Failure to carry out the checks will carry a civil penalty of up to £3,000 and Landlords and agents who repeatedly fail to conduct right to rent checks can be prosecuted under criminal law.

Original documentation that proves a person’s right to rent must be seen and copies must be retained for twelve months beyond the termination of the tenancy.  The type of documentation acceptable to prove someone’s right to rent can be found at the following website:

For more information please contact Heidi Berry