What Happens When a Tenant Fails a Right to Rent Check?

As a landlord, you could face serious consequences if your tenant fails a follow-up right to rent check and you don't report it to the Home Office. You could receive a fine or even a prison sentence of up to five years. It's important to take the necessary steps to ensure that your tenants have the legal right to rent in the UK. The landlord must repair and eliminate any conditions that pose a serious threat to the life, health or safety of the occupants. If a dangerous condition exists, the tenant should not withhold the rent from the landlord.

The best way to get a landlord to fix a hazardous situation is to file a rental security deposit complaint. The tenant will pay the rent in an “escrow account”, established by the court, until the landlord fixes the dangerous condition. Verification of the right to rent must be done before entering into a lease agreement with a potential tenant. The Ministry of the Interior has drawn up a detailed list of acceptable documents that can be taken into account when processing the right to rent. Landlords don't need to prove the right to rent for children as long as they are convinced that they are under 18 when the tenancy begins. This method of notification is only sufficient for the landlord to obtain a judgment in absentia against the tenant for possession of the premises and court costs, not for the amount of rent due.

It's important to request and keep proof that a verification has been performed and to determine if tenants with a limited-time rental right require additional checks. In essence, the right to rent plan provides a framework for landlords to ensure that tenants have the legal right to rent property in the United Kingdom. This is also true for landlords who rent part or all of their main home to tenants in exchange for payment. The plan aims to add an additional deterrent for people residing illegally in the UK, without negatively affecting people who have a legitimate right to rent. When a prospective tenant has a limited-time rental right, checks must be made no more than 28 days before the start of the tenancy. It's important for landlords to understand that they cannot charge tenants for replacing carpets that have worn out over time or repainting walls with small holes from paintings. The rental right of a potential tenant can be verified in one of two possible ways, either through manual checks or through the online verification service of the Ministry of the Interior.