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News

7th December 2015

 
 

Right to Rent

From 1 February 2016, all private residential landlords will have to check that new tenants and authorised occupiers have the right to be in the UK before renting out their property.  The Immigration Act 2014 prohibits private landlords of residential properties from allowing certain people to occupy those properties based on the immigration status of the occupiers.

Landlords must also make sure that someone’s right to occupy the premises does not lapse. Breaching the prohibition could lead to a civil penalty of up to £3,000.

A person is disqualified from occupying property under a residential tenancy agreement if they:

  • Are not a "relevant national", which is:

                                                        ²    a British citizen;

                                                        ²   a national of a European Economic Area State; or

                                                        ²   a national of Switzerland.

  • Do not have a right to rent in relation to the property.

A person does not have a right to rent if they require leave to enter or remain in the UK and do not have it, or they have leave but it is subject to conditions that prevent them from occupying the premises.

 
 
 

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