Tenants Should be Prepared for “Right to Rent” Checks

Residential landlords in the UK will soon be required to check prospective tenants’ documents to ensure they are legally present in the country, according to a provision of the new Immigration Act 2014. Conducting such checks is a defense to a violation of the law. 

This new provision is designed to make it more difficult for immigration offenders to stay in the UK, and it is hoped it will also prevent the rental of overcrowded accommodations. 

This provision will apply in Birmingham, Walsall, Sandwell, Dudley and Wolverhampton starting December 1, 2014. Certain arrangements, such as student accommodations and mobile homes, are exempt from the requirement. Landlords who do not comply with the rule may face fines of up to £ 3,000. 

The Home Office expects to continue with the phased introduction of the rule across the UK next year. More information about the rent check rule is available online, including a free online service to confirm whether someone has the right to rent. 

Currently, it is unclear whether relocation companies handling housing for foreign assignees will have an obligation to conduct right to rent checks or face liability for noncompliance. Fragomen will raise this issue with the Home Office. 

What the Rent Check Rule Means for Foreign Nationals 

Foreign nationals should be prepared to present their immigration documents to their landlords to prevent violations of the new provision. This is in addition to the responsibility of foreign nationals to present their passports to employers for right to work checks. 

This alert is for informational purposes only. If you have any questions, please do not hesitate to contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].

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