Legal Q&A: what are the immigration rules for rented housing and do landlords have to carry out checks?

Question: I have bought and refurbished a property and I now intend to rent it out to some people I know. Is it right that I have to carry out some sort of immigration checks on my prospective tenants?

Answer: Landlords who let property in England are required to carry out checks on the immigration status of their prospective tenants.

These are known as right to rent verification and involve the landlord carrying out document checks. Failure to do so could see the landlord facing civil penalties of up to £3,000.

You will need to undertake the right to rent checks for any potential tenants over the age of 18 who intend to use your property for their only or main residence. Even if you know them, you are still obliged to carry out these checks.

Once you know who your tenants are going to be, you will need to check their original identification documents in their presence. If your tenants have an indefinite right to be in the UK, request to see, for example, a British or EEA Passport or National Identity Card.

If their right is for a limited time, then request a valid passport or other travel document endorsed to show that the holder is allowed to stay in the UK for a time-limited period. Keep a dated copy of the documents, and record which checks were undertaken and on what date, in a schedule attached to the tenancy agreement.

These answers can only be a very brief commentary on the issues raised and should not be relied on as legal advice. No liability is accepted for such reliance. If you have similar issues, you should obtain advice from a solicitor.

If you have a question for Fiona McNulty, please email legalsolutions@standard.co.uk or write to Legal Solutions, Homes & Property, London Evening Standard, 2 Derry Street, W8 5EE. We regret that questions cannot be answered individually, but we will try to feature them here.