Right to Rent Notice to Quit Treated as High Court order
Landlords could be committing criminal offence
Anyone renting a UK home must be ready to pass the Right to Rent check
Renters failing to present the correct documents can be thrown out of their home
It required EVERYONE seeking a rental property in the UK to undergo mandatory right to rent checks. All private landlords, even those who sub-let or take in lodgers, must undertake checks to ensure that all adult occupants are legally residing in the UK via acceptable, original documentation.
A landlord who gets this wrong risks penalties.
In order to help corporate employers moving people to the UK pass these checks, Saunders 1865 wrote a Right to Rent checklist. You can obtain your own copy FREE HERE to help you navigate these checks.
On December 1st of last year the UK government raised the stakes.
Under the Immigration Act 2016 landlords not carrying out these checks now face prosecution and a fine, imprisonment for up to five years, or both. If a landlord knowingly allows any adult into occupation of a property, when that person has no right to rent in the UK, they are now committing a criminal offence.
The Right to Rent Checks are ongoing throughout the rental
Additionally, it’s not just a one-off process at the beginning of the tenancy. Depending on your status, the landlord must run another check just before the expiry of their right to stay, or 12 months after the last check, depending on which is longest.
Under Part 2, Section 40, 33D of the Immigration Act 2016, the landlord can terminate the tenancy agreement by giving the tenant notice to quit in writing. 33D(7) notes that “The notice is enforceable as if it were an order of the High Court.”
This means that the landlord can simply instruct a High Court Enforcement Officer (HCEO) who will go through the process to obtain a writ of possession. No prior approval is required from the court as it would be for a “normal” eviction from residential premises issued in a County Court.
This has a particularly large effect on the expat community in London that have a time-limited right to rent on a temporary visa. The incentive is there for landlord to crackdown on renters overstaying their right to rent without the correct paperwork. Careful planning is necessary to ensure you have all your documentation to avoid the undue stress and cost involved with not passing the Landlord’s test.
There’s no doubt this new law adds a layer of complication for individuals relocating to the UK. But our expert team is here to assist you if you have any questions about your Right to Rent.
If you are using Saunders 1865 for home finding assistance we take care of the Right to Rent checks for you at the start of each rental. And for those clients using our Ongoing Support & Tenancy Management program, we also cover the ongoing checks throughout every rental.
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