Right to Rent checks

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As of 1st February 2016 it will be compulsory for Landlords and their Letting Agents to carry out checks on the immigration status of any new Tenants moving into properties across England.

Under the scheme, people will fall into three broad categories depending on their immigration status. The majority of people will have an unlimited right to rent, others will have a time-limited right to rent and some will have no right to rent.

Those with unlimited right to rent include British Citizens, EEA and Swiss nationals along with people who have the right of abode in the UK, or who have been granted indefinite leave to remain or have no time limit on their stay in the UK. A Landlord will not be liable for a civil penalty if they let a property to someone with an unlimited right to reside in the UK.

Those with a time limited right to rent are those whom have valid leave to enter or remain in the UK for a limited period of time or they are entitled to remain in the UK as a result of an enforceable right under European Union law or any provision made under section 2(2) of the European Communities Act 1972. A landlord will not be liable for a civil penalty if they let accommodation for occupation by someone with a time-limited right to rent, but to maintain an excuse against a penalty a landlord will need to conduct follow-up checks.

Those who have no right to rent are persons whom do not have permission to be in the UK. A landlord will normally be liable for a civil penalty if they authorise occupation of accommodation for use as an only or main home by a person who does not have the right to rent in the UK.
Oakfield along with our referencing agents already have place the relevant procedures to ensure our compliance with the new legislation. Full checks will be carried out on all Tenants wishing to rent a property from Oakfield to ensure that they have the right to rent and copies will be taken of all supporting documents.

If you have any questions about the right to rent checks please contact your local Oakfield branch where one of our team will be able to assist you further.

Neil Newstead, FARLA MARLA
CEO – Oakfield Estate Agents

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