Expat landlords letting out homes in England will have to carry out right to rent checks on new tenants from February 1, 2016.
All landlords letting residential property in England will have to carry out the checks, including those who sub-let or take in lodgers in their own homes, regardless of where the landlord lives.
Failing to carry out the checks can lead to fines of up to £3,000 for each adult tenant allowed to live in a rented home.
Immigration Minister James Brokenshire said: “Many landlords already check their new tenants have a right to live in the country as part of their usual business routine. The check is quick and easy and plenty of online support is available for landlords who are unsure what to do.
Who carries out right to rent checks?
“This is not about making more work for landlords, but stopping illegal immigrants from staying in the country.
“Anyone who has the right to live in England will have the paperwork to prove their case.”
Right to rent is not so easy for expats.
Government guidelines say the landlord must carry out the check with the tenant and if the check is not completed correctly, the landlord loses the right to evict the tenant.
Expats will either have to rely on letting agents or other third parties or travel back to England to complete the checks.
The guidance also suggests that all landlords collecting personal data about their tenants may have to apply for registration with the Information Commissioner at a cost of £35 a year.
Right to rent checks
The law demands that landlords should:
- Identify all adults intending to live at a rental property as their main home – so holiday lets and commercial property are exempt
- Check original identification documentsshowing the tenant has the right to rent are valid and belong to the tenant, while the tenant is present
- Keep copies of the documents for at least 12 months from the date the check was made
If the right to rent documents only allow a stay in the UK for a restricted time, a repeat check is required before the time limit is up.
If the repeat check shows the tenant no longer has the right to rent, the landlord must tell the Home Office and end the tenancy. Failure to do so could lead to more fines.
The Home Office has published three guides for landlords to help with right to rent checks:
