Fines for breaching right to rent rules have increased
During February, the Government increased the level of fines that landlords can face for either not checking their tenants have the correct right to rent, or deliberately evading the rules.
The fines have increased to £5,000 per person if the occupiers are lodgers and £10,000 per person for residential tenancies for any individuals over the age of 18. Repeat breach fines have also been increased.
A landlord may also face a prison sentence, up to five years, when renting to someone in England who they knew, or had ‘reasonable cause to believe’, did not have the right to rent. This includes if they did not have permission to enter or stay in the UK, their leave had expired, or their papers were incorrect or false.
The government website explains the new penalties for illegal renting.
Completing the checks
Before an agent can give a tenant the property keys, they must see proof of their right to rent.
New tenancies
We carry out the checks on behalf of Savills landlords before a new tenancy starts. We do this for both our managed tenancies as well as those landlords who have chosen to self-manage.
Where it is a company tenancy, the company (and not us) must check their occupiers right to rent. If a time limited right to rent is issued the company is also responsible for undertaking the re-check before the expiry date. To review how to do the checks and which documents you must check, please visit the below links.
Time limited right to rent
Where you’ve selected our managed service, in addition to undertaking your new tenant right to rent checks, we’ll also carry out any follow-up checks for tenants with a time limited right to rent.
If you have chosen to self-manage your property, it’s your responsibility to check the right to rent for any tenants with a time limited document. You must do the check before the relevant date that’s the latter of:
- the end of the tenant’s permission to stay in the UK
- 12 months after the previous check.
You should visit the Government’s ‘checking your tenant’s right to rent’ page to ensure you are compliant with the rules as well as read the full guidance and review which documents are acceptable here.
Our self-managing landlords can ask us to undertake any follow-up time limited checks on their behalf, and we’ll confirm the cost when we receive written instructions.
Please refresh yourself with the checks we do and the cost to our landlords in our current terms of business.