Right to Rent of Ruin!

Right to Rent of Ruin!

10:11 AM, 25th May 2022, About 3 months ago 2

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I read on a government site just recently that if ‘right to rent’ checks are incorrect, the punishment can be up to 5 years in prison and unlimited fines!!! Surely this is over the top as it is hardly the crime of the century!

Does anyone know if Right to Rent checks have to be done on UK national passport holders too?

Lalo

Editor’s Note: >> https://www.gov.uk/penalties-illegal-renting

Penalties for illegal renting

You could be sent to prison for 5 years or get an unlimited fine for renting property in England to someone who you knew or had ‘reasonable cause to believe’ did not have the right to rent in the UK.

This includes if you had any reason to believe that:

  • they did not have leave (permission) to enter or stay in the UK
  • their leave had expired
  • their papers were incorrect or false

You can also be fined if both of the following apply:

  • you rent your property to someone who is not allowed to stay in the UK
  • you cannot show that you checked their right to rent

If you’re asked to prove you’ve done a check

You might get a ‘referral notice’ to let you know your case is being investigated and that you could get a fine (‘civil penalty’).

You’ll be sent an ‘information request’ to allow you to provide evidence that you’ve carried out the check.

After your case has been considered, you’ll be sent either:

  • a ‘no action’ notice
  • a civil penalty notice with the amount you have to pay

Fines (civil penalties)

The amount you have to pay will depend on the type of accommodation and if you’ve received a civil penalty before.

Amount for a first time penalty Amounts for further penalties
Lodgers in a private household £80 £500
Tenants in rented accommodation £1,000 £3,000

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

Who you have to check

You must check that a tenant or lodger can legally rent your residential property in England.

Before the start of a new tenancy, you must check all tenants aged 18 and over, even if:

  • they’re not named on the tenancy agreement
  • there’s no tenancy agreement
  • the tenancy agreement is not in writing


Comments

TheMaluka View Profile

11:45 AM, 25th May 2022, About 3 months ago

The government needs to set up a special jail for landlords who have made an administrative mistake, and a second one for landlords whose tenants have committed a crime. Let us ensure that there is a proportionate penalty for everything a landlord does or does not do, unlimited fines and unlimited jail time would be appropriate. If only thumbscrews were still legal!

David

13:00 PM, 25th May 2022, About 3 months ago

Legally you dont have to do R2R checks on anyone. The legal requirement is to not let property to anyone who doesn't have an R2R. The checks just give you a statutory excuse if the tenant turns out to to be illegal.

The Govt recommend R2R checks on everyone to ensure no discrimination, (share the misery). Its up to you if you do them.

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