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In line with the Immigration Act 2014, from 1st February 2016 all landlords and letting agents in England who allow a tenancy are required to make ID and Right to Rent checks on all adult occupiers. The scheme is compulsory and makes it mandatory for anyone who rents out private property in England to see and make a copy of evidence that any new adult tenant has the right to rent in the UK, be this continuous or time limited. Landlords or agents who fail to do these checks correctly could be liable for a fine of up to £3,000 per occupier.
Under Section 22 of the Immigration Act 2014, a landlord must not authorise an adult to occupy property as their main or only home under a residential tenancy agreement unless the adult is a British Citizen, Swiss national, from a European Economic Area or has other proof of a continued right to rent in the UK. Landlords should carry out ‘right to rent’ checks for new tenancy agreements to determine whether tenants have the right to live in the UK legally. An applicant may have a time-limited right to rent if they are from outside of the UK or EEA and this can be proved using the correct documentary evidence: