Right to Rent Checks: A Guide for Putney Landlords

Letting property in Putney requires a firm understanding of the right to rent process. Since the introduction of government checks designed to control illegal immigration, landlords must verify that tenants have the legal right to rent a property in the UK.

With the Putney lettings market seeing strong demand, it’s vital for landlords to keep up with both legal responsibilities and best practices to avoid fines and delays. This article sets out what Putney landlords need to know to carry out right to rent checks on tenants, alongside advice for dealing with common scenarios.

Understanding Right to Rent Checks in Putney

Right to rent checks were first introduced as part of the UK Immigration Act 2014. They require private landlords in areas such as Putney to check that all adult tenants over 18 years old have permission to rent residential property in England. These checks are intended to prevent people without legal status from securing rental housing.

Putney’s popularity with young professionals and families means a diverse tenant pool, including many from overseas. This adds extra importance to understanding the right to rent process thoroughly, as landlords must ensure every adult tenant is properly checked before occupation.

Legal Responsibilities for Putney Landlords

Landlords in Putney are legally responsible for carrying out right to rent checks on all new tenants. This duty cannot be delegated entirely to letting agents unless a formal agreement in writing is in place. Failing to comply can lead to significant civil penalties, so it’s important to have a clear process.

The law also requires landlords to make sure these checks are conducted before the tenancy starts. This applies to new tenancies, not renewals with the same tenant, unless a follow-up check is needed due to a time-limited visa.

Which Tenants Require Right to Rent Checks?

Every adult who will use the property as their main home must be checked, regardless of nationality or relationship to the main tenant. This includes subtenants and anyone over 18 who will live in the property. Landlords must not discriminate—checks must be performed consistently for all prospective tenants.

Certain accommodations are exempt, such as student halls, care homes, social housing, or properties let to local authorities. However, most private rentals in Putney will fall under right to rent rules, and landlords should check carefully if unsure.

Step-by-Step Guide to Conducting Checks

Carrying out right to rent checks involves several clear steps:

1. See original documents: Meet the tenant in person and view their original documents proving right to rent.
2. Check documents are valid: Ensure documents appear genuine and belong to the tenant.
3. Take and keep copies: Make a clear copy of each document and note the date the check was completed.

If using the Home Office online service, the tenant can share their status digitally. Landlords must then check this online and keep a copy of the result. This is particularly useful when tenants have a digital status, such as EU Settlement Scheme or certain visas.

Acceptable Documents for Right to Rent in Putney

There are two lists of acceptable documents provided by the Home Office:

• List A (permanent right): Includes UK passports, Irish passports, or indefinite leave to remain documents.
• List B (time-limited right): Includes biometric residence permits, visas, or Home Office letters.

Landlords should ask tenants to present one document from List A, or two from List B if applicable. Always check the latest Home Office guidance, as document lists can change over time.

How to Handle Follow-Up Checks

If a tenant has a time-limited right to rent, landlords must schedule a follow-up check before the permission expires. This ensures ongoing compliance with the law and protects the landlord from liability.

Should a follow-up check reveal that a tenant no longer has the right to rent, landlords must report this to the Home Office. Failing to conduct follow-up checks can expose landlords to penalties, making it vital to set reminders for expiry dates.

Dealing with Tenants Without Proper Documentation

If a prospective tenant cannot provide acceptable documents, landlords should not allow them to move in. It’s important to explain the legal requirements and give tenants a chance to obtain or clarify their status if possible.

In cases where a tenant provides unclear or questionable documents, landlords can use the Home Office Landlord Checking Service for help. If the tenant’s right to rent is confirmed, the landlord receives a statutory excuse from penalty.

Record Keeping Requirements for Landlords

Landlords must keep clear, legible copies of all right to rent check documents for the duration of the tenancy and at least one year after it ends. Storing records securely and in compliance with data protection laws is essential.

These records should include the date the check was conducted, a copy of the relevant documents, and any correspondence with the Home Office. Good record keeping not only meets legal standards but also helps in case of disputes or audits.

Penalties for Failing Right to Rent Checks

Landlords who fail to carry out proper right to rent checks can face civil penalties of up to £3,000 per tenant. Repeat or serious breaches may lead to criminal prosecution in some cases.

The UK lettings market remains under close scrutiny from the Home Office, especially in areas like Putney where rental demand is high. Avoiding checks can put both your property and finances at risk.

Frequently Asked Questions for Putney Landlords

Do I need to check all tenants, even British citizens?
Yes, checks must be carried out for every adult tenant, including British citizens, to avoid discrimination claims.

Can I accept scanned copies or digital photos of documents?
No, you must see original physical documents unless using the approved Home Office online checking service.

What happens if a tenant’s visa expires during the tenancy?
A follow-up check is required before expiry; if the tenant cannot provide proof of continued right to rent, you must inform the Home Office.

Can letting agents handle checks?
Yes, but only if there is a written agreement making the agent responsible. Otherwise, the landlord remains liable.

Looking to make sure your right to rent checks in Putney are handled properly? Contact Chartwell Residential today for expert advice and support on how to carry out right to rent checks on tenants and protect your property.