As we approach the launch of the Right to Rent Scheme on 1st February 2016 we have had a number of Landlords with properties in Hackney contact us with a variety of questions about them adhering to the new legislation.
It’s great that Landlord’s are contacting us it demonstrates that people are becoming increasingly aware of the impact of the new legislation on renting.
The new legislation rules state that tenants and lodgers should be checked to clarify that they can legally rent property in England if their tenancy starts on or after 1st February 2016.
Landlords shouldn’t let accommodation to an adult who isn’t a relevant national or who doesn’t have a right to rent under the new rules.
Relevant nationals are British citizens, EEA national and Swiss nationals. All of these people can rent accommodation but will still have to show evidence that they fall into one of these groups.
Frequently Asked Questions
1. Do right to rent checks need to be carried out on a tenant that moves in before 1st February 2016?
It will not be necessary to carry out checks on tenants where the Tenancy Agreement has been signed and has come into force before the 1st February 2016.
2. Will I need to carry out a right to rent check on a tenant that is renewing their Tenancy Agreement after the 1st February 2016?
If you are renewing the Tenancy Agreement, and you originally entered into a Tenancy Agreement with your tenants before the 1st February 2016, you will not have to carry out right to rent checks, as long as:
• the agreement is between you and the same tenants; and
• the tenant has always has a right of occupation under the renewed agreement since entering into the original agreement.
IF however, there is a change in one of the parties, or there was a break in the occupancy, you are required to carry out right to rent checks.
3. Can Dreytons carry out the right to rent checks?
Yes, we can ensure that your tenants go through a FULL right to rent check. Our service provides an Enhanced ID check and a Document Validation service on all tenants. A full report and copies of all tenant documentation is provided for Landlords.
4. If I change the terms of the tenancy with an existing tenant in the same property, do I need to carry out a right to rent check?
No you don’t need to carry out a right to rent check as long as the tenants on the Tenancy Agreement remain the same, and the original agreement was signed before the 1st February 2016.
5. When should I start the process of carrying out the checks?
Dreytons follows the right to rent provisions which require that checks are carried out no more than 28 days before the Tenancy Agreement is due to come into effect.
6. What if an illegal migrant is found living in my property?
If an illegal migrant is found living in your property and you haven’t made the checks or reports, then you may be liable to a civil penalty. This means you may have to pay a penalty of up to £3000. The amount you may have to pay will depend on whether it is your first offence and whether you are letting to a lodger or letting private accommodation.
If you have any further questions about the implementation of the Right to Rent Scheme then we would love to hear from you: 020 7148 0596 / firstname.lastname@example.org