Increased Right to Rent Fines

From today fines for landlords who breach right to rent rules will increase significantly.

For a first breach the fines will increase from £1000 per occupier to a whopping £10,000 per occupier. Repeat breaches will increase to £20,000 per occupier.

Failing to comply with Right to Rent is a breach of the Immigration Act and therefore is a criminal offence where, in serious cases, landlords could face a prosecution.

Increasing the burden on landlords to ensure they are not letting their properties to those that do not have a right to be in the UK, is part of the current Governments plans to reduce illegal immigration.

Right to Rent Rules

When you rent your property you are required to carry out a Right to Rent check on the prospective tenant(s) and any occupiers over the age of 18. This includes UK nationals. Many will have an unlimited right to rent meaning they are free to live in the UK indefinitely. No follow up checks are needed.

Those coming from other areas of the globe may have a Time Limited Right to Rent meaning their visa only allows them to reside in the UK for a period of time. Landlords are then required to carry out follow up checks after 12 months or on expiry if the visa, whichever is the longer period.

Guidance

You can see the updated Code of Practice here

You can see the process of carrying out a check here

Please note the date this article was published as the law or the essence may have changed since it was posted. You should always seek independent legal advice if you are intending to rely on any of the contents. Unless stated otherwise this article only reflects the position for the Private Rented Sector in England and therefore may not apply to other countries within the United Kingdom.