The Right to Rent legislation was introduced on 1^st February 2016 but there still seems to be some confusion about the requirements amongst both landlords and letting agents. 

The RLA reported recently that one of their members had issues with the agents they had employed who did not seem to understand the Right to Rent legislation. They had signed up a tenant and they had performed their version of a Right to Rent check but the landlord was concerned about the evidence they had based this on.

The agent had received a National Insurance Number from the tenants, not even a card. Just the number.  The agent had then confirmed to the landlord that everything was fine but did not inform them what checks had been performed.  Believing this was in order, the landlord had gone ahead and signed the tenancy agreement.

When the landlord later asked for the documentation proving the Right to Rent check had been performed the agent told them that they had the National Insurance Number. At this point the worried landlord contacted the RLA for advice. Unfortunately due to the catalogue of errors by the agent, the landlord would have been liable for prosecution by the Home Office if the tenant did not actually have a Right to Rent in the UK.

The agent’s failures were numerous: a National Insurance Number is not on the acceptable document list; no identification was seen and no copies were made of any documents. There was no agreement in writing between the landlord and the agent stating that the agent was responsible for the checks – as such the landlord was responsible for carrying out the checks.

To perform a proper Right to Rent check the responsible person should meet the prospective occupiers in person and check one or two of the necessary documents.  They should then take a copy of these documents and keep them for the length of the tenancy, and 12 months after the occupier vacates.

Where a landlord employs an agent, there should be a written agreement specifying who is responsible for carrying out the Right to Rent checks; without this a landlord could be held responsible and could be prosecuted if the tenants were found to not have a Right to Rent.

In this case the landlord arranged to meet with the tenants and they all had the necessary documentation to prove they had the Right to Rent; the landlord would not have been prosecuted by the Home Office.

For full details of the Right to Rent checks and the landlords’ responsibilities check this website:

https://www.gov.uk/government/collections/landlords-immigration-right-to-rent-checks

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