Right to Rent Immigration checks

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    Right to Rent Immigration checks

    Right to Rent Immigration checks will be mandatory for all lettings in England from the 1st of February 2016. All private landlords in England will have to check new tenants have the right to be in the UK before renting out their property.

    Does this apply if my existing tenants are shortly signing a new tenancy agreement?

    #2
    https://www.gov.uk/check-tenant-right-to-rent-documents

    .........
    Before the start of a new tenancy, you must make checks for all tenants aged 18 and over, even if:

    they’re not named on the tenancy agreement
    there’s no tenancy agreement
    the tenancy agreement isn’t in writing.....
    Yet another reason to leave tenants to roll-on, periodic...

    PS Quite how there can be a "new tenancy" but no tenancy agreement I would love to find out...
    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


      #3
      Originally posted by Thyrsis View Post
      Does this apply if my existing tenants are shortly signing a new tenancy agreement?
      Yes, it does.
      Perhaps a good reason not to sign a new tenancy agreement? (in addition to all the new requirements that took effect in October and which will apply to the new tenancy...)

      Comment


        #4
        I wonder if this legislation applies to all tenants insofar as, say an Englishman applies, are we expected to check that he was born in this country? Same thing for the Scots and Welsh of course

        It all seems fraught with possibilities for tripping ourselves up.
        I offer no guarantee that anything I say is correct. wysiwyg

        Comment


          #5
          You do not have to check anyone: The legislation does not mandate checks.
          Adequate checks are the way to avoid being fined should it come to the Home Office's attention that your tenant has no right to reside.

          Of course, how do you know that this Englishman is in fact a citizen of the UK or the EU? You have no guarantee until you've seen documents proving it.

          Comment


            #6
            IMHO the legislation only exists so that the CONs can say to the KIPPerrs that they are cracking down on immigrants... (i.e claw back votes..)

            Unless a landlord really really fails to do obvious checks I doubt anyone will be prosecuted.. Hope I'm right as my agent doesn;t seem to understand the rules.. and I'm the one in the firing line...
            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


              #7
              Originally posted by jjlandlord View Post
              Yes, it does.
              Perhaps a good reason not to sign a new tenancy agreement? (in addition to all the new requirements that took effect in October and which will apply to the new tenancy...)
              What about if tenancy simply rolls over into SPT after 1st February? How is that affected please?

              Comment


                #8
                If it just rolls I to an spt I don't think you are obliged to check

                Comment


                  #9
                  The legislation doesn't apply to replacement tenancies (same parties and no gap between tenancies) so SPTs don't trigger the requirement.
                  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


                    #10
                    I don't think that the legislation does not apply to replacement tenancies. However, SPTs are statutory so the landlord is not granting a tenancy is that specific case.

                    Comment


                      #11
                      This Chapter does not apply in relation to a residential tenancy agreement entered into before the commencement day.

                      (2)This Chapter does not apply in relation to a residential tenancy agreement entered into on or after the commencement day (“the renewed agreement”) if—

                      (a)another residential tenancy agreement was entered into before the commencement day between the same parties (“the original agreement”), and

                      (b)the tenant has always had a right of occupation of the premises leased under the renewed agreement since entering into the original agreement.
                      This is what it actually says...
                      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


                        #12
                        Originally posted by jpkeates View Post
                        This is what it actually says...
                        That's only if there was an initial tenancy that started before the legislation took effect.

                        So, yes there is no need to check in LandlordAngle's specific case, but the legislation does apply to replacement tenancies in general. (better be careful)

                        Comment


                          #13
                          The wording elsewhere is really unhelpful.
                          The first case is where a residential tenancy agreement is entered into that, at the time of entry, grants a right to occupy premises...
                          Do a landlord and tenant "enter into" a SPT?
                          Does a SPT "grant" a right to occupy premises or continue it?
                          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

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