Right to rent documents

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    Right to rent documents

    My prospective tenants are two English people who have always lived in England. They are two 'older' people and have great credit refs etc. One of them is retired and the only document they have is a birth cert as they don't drive and don't go abroad so they have no passport. For the Right to Rent requirements (pages 4&5 in the booklet) they only have a birth cert so they need an additional document and none in the list applies.

    Where do I go from here? Any suggestions?

    #2
    You only need the right to rent check evidence if they don't have a right to rent and you are taken to court as a result.
    It's a defence, not something you absolutely have to do.

    On the other hand, the government doesn't seem to care when it comes to people born in the West Indies decades ago.

    If the birth certificate says they were born here, I'd be OK with that (personally).
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

    Comment


      #3
      The government guideline isn't law, and is not without its problem. There's a recent news report of a family of British dad and children being made homeless despite the mum clearly having the right to remain and hence right to rent as EU citizen because the evidence she has isn't on the list.

      If you are satisfied that you have sufficient evidence to demonstrate the tenant's right to rent if the Home Office ever come calling with a penalty notice or attempt to prosecute, then you're fine.

      Having said that, a birth certificate technically only demonstrate that a named person was born in the UK on the date shown. It doesn't show that the person showing you the certificate is the person named on the birth certificate, nor for that matter that the person named is a British national never mind citizen.
      I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

      I do not answer questions through private messages which should be posted publicly on the forum.

      Comment


        #4
        Thank you for your responses. I'm going to accept them both. A birth cert is ok as long as there's another doc with it eg DL. I don't think the home office is going to find out anyway, I hope and expect them to have better things to do.

        Comment


          #5
          The issue here is discrimination, rather than right to rent.

          However, from the right to rent point of view, you need to demonstrate that:

          1) the person they say they are has residency rights;

          2) they are the person they say they are

          Comment


            #6
            What other evidence do you have that they are legit? It's so easy to get a birth certificate, are the birth certificates originals or duplicates?

            Comment


              #7
              Apart from the docs in the booklet (pages 4&5) I don't know how to prove residency. I don't even know how to prove my own residency!

              They have originals of their birth certificates, bank statements etc. All the paperwork they have would be time consuming to get so I think they're genuine.
              It's easy to get a birth cert and I know from trying to get banks to stop sending statements for tenants who've left my properties that statements can be found in bins (I take any I find in HMOs home to burn them but other tenants could easily obtain them).

              Comment


                #8
                R2R only came in as a sop to kippers and wasn't really thought through...
                I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                Comment


                  #9
                  Originally posted by Berlingogirl View Post
                  Apart from the docs in the booklet (pages 4&5) I don't know how to prove residency. I don't even know how to prove my own residency!
                  You're not actually proving a right to rent, you're satisfying the prescribed requirements laid down by the Secretary of State so that you have a defence if it turn out that the person don't have a right to rent. The alternative is you knowing enough immigration law to satisfy yourself that they do have a right to rent dispute not having the listed documents so that you can prove you can't be liable to a civil penalty / haven't committed a criminal offence.
                  I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

                  I do not answer questions through private messages which should be posted publicly on the forum.

                  Comment


                    #10
                    Originally posted by Berlingogirl View Post
                    They are two 'older' people and have great credit refs etc.
                    How old?

                    Employed?

                    Getting state pension?

                    Comment


                      #11
                      Originally posted by MdeB View Post

                      How old?

                      Employed?

                      Getting state pension?
                      Over 50 and over 80
                      One employed , one retired
                      One getting state and work pensions

                      Comment


                        #12
                        Originally posted by Berlingogirl View Post

                        Over 50 and over 80
                        One employed , one retired
                        One getting state and work pensions
                        If employed by a reputable employer, then that suggests that the employer has done appropriate checks: right to work suggests right to reside (at the moment). Ask employer for letter in accordance with "acceptable documents".

                        UK state pension would suggest that recipient has right to reside. probably comes under "benefits" section.

                        Or, a letter (for each) from their GP (acceptable profession). [this is similar to what would be required to get a passport]

                        Comment


                          #13
                          UK pension is some proof of identity, but doens't prove a current right to reside in the UK.

                          Comment


                            #14
                            Originally posted by MdeB View Post
                            UK state pension would suggest that recipient has right to reside. probably comes under "benefits" section.
                            Afraid not. The list of acceptable documents is specific in that the paperwork has to come from HMRC, a UK Local Authority or Job Centre Plus on behalf of the DWP (or NI equivalent).
                            I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

                            I do not answer questions through private messages which should be posted publicly on the forum.

                            Comment


                              #15
                              Originally posted by Berlingogirl View Post

                              Where do I go from here? Any suggestions?
                              If it is worrying you enough to ask on here, (with all your knowledge and knowing that RTR is an unenforced political nonsense), obviously something else is not right.

                              Walk away.

                              Comment

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