Government updates its advice on Right to Rent

Home Office attempts to clarify right to rent of commonwealth residents

The Windrush scandal over the rights of long term residents from the commonwealth means that the Home Office has hastily updated its advice on Right to Rent legislation. The new recommendation says that, if a prospective tenant has lived in the UK permanently since before 1973, they have a right to rent a property.

The Immigration Act 2016, which covers right to rent, says that landlords cannot rent out a property to a person who:

• Requires leave to enter or remain in the United Kingdom (UK), but does not have it, or;
• Has leave to enter or remain in the UK but is subject to a condition preventing them from occupying the property (e.g. they have a visa that expires during the tenancy)

The December 2016 change in the law makes it a criminal act for landlords to rent a property to someone who cannot prove their right to be in the UK. The maximum penalty for a landlord or agent caught breaking the law is five years imprisonment.

It is unlikely that this new guidance will affect landlords who are supplying properties for the student market. After all, the majority of prospective tenants will be in the 18 to 21 age bracket. However, the sudden update does highlight possible flaws in the law.

Critics have called for right to rent to be suspended and its effectiveness reviewed, while the Home Office untangles the mess that the Windrush scandal has revealed.

This new advice only affects tenancies in England.

In the meantime, the government’s advice for landlords is to call their checking service, if you are unsure if a prospective tenant has a right to rent. The number is 0300 069 9799.

Meanwhile, tenants who are unsure about providing evidence that they have the right to rent should call 0800 678 1925.

Purple Frog helps its clients stay within the law by gathering all necessary right to rent evidence, as part of the letting process. We will also provide prospective tenants who are international  students with help and advice on what ID and evidence they will need.

You can read our guide to the Right to Rent law on our blog.

The Home Office advice is published here: https://www.gov.uk/government/publications/undocumented-commonwealth-citizens-resident-in-the-uk/guidance-for-landlords-conducting-right-to-rent-checks-on-undocumented-commonwealth-citizens