Your property problems solved with Steven Sawyer MNAEA, MARLA, DipRLM, ACIB, Bsc Lettings Consultant

Q: WHAT precisely does a tenant’s right to rent mean?

A: New legislation was introduced on February 1, 2016, which means that landlords/agents now need to check that a tenant or even a lodger can legally rent your residential property in England.

You must check that all occupiers of your property even if they are not listed on the tenancy agreement, or you have a verbal agreement or there is no tenancy agreement at all who are aged 18 or over that they have a right to stay within the UK.

You will need to check that the property is their only or main home, you will need to see the original documentation that allows the tenant to live in the UK and make and retain a dated copy of the documents to prove this.

Failure to do so will mean a fine up to £3,000.

A tenant's only or main home is typically where one lives most of the time, retaining most of ones possessions here, resident with a partner and/or children, registered to vote and registered with doctors, and where one has ones car insurance registered, should they drive and own a vehicle.

With regard to the documentation, you need to check that they are originals and belong to the tenant, any visa or paperwork with the dates for the tenant’s right to stay in the UK haven’t expired, the photo on the document is that of the tenant, the dates of birth agree on all paperwork, the documents are not too damaged or tampered with and that any names that do differ have supporting documentary evidence for the reasons why, for example marriage certificate or divorce decree.

Your copy of any documentation should be a photocopy or good quality photograph, to include all pages that list the applicant’s details, date of birth, photo, expiry date, visa or Certificate of Entitlement to the right of abode in the UK.

Copy both sides of any biometric residence permits.

You will need to remain these documents for one year after your tenancy ends.

You may come across instances where the documents required are already with the Home Office in which case you will need to use via the Home Office the landlord’

s checking service to find out if the tenant is allowed to rent property and you will receive an answer within two working days.

Remember that if the tenants stay in the UK is time limited, you will need to make further checks to make sure this is extended if required and this needs to be done either every 12 months or just before the expiry date of the tenants right to stay

Report to The Home Office any findings where your tenant is no longer entitled to remain within the UK.

Whilst some consider this an additional burden on landlords and agents, we within our own office have voluntarily been following these procedures for many years and have our own experiences where we needed to report a tenant who had overstayed their visa entitlement.

The individual was subsequently deported by The Home Office.

For further guidance please refer to the Government code of practice produced for landlord’s on “illegal immigrants and private rented accommodation” found under the gov.uk website.

Please continue to send in your letting related questions to steven@sawyersestateagents.co.uk