Do residential landlords still have to carry out right to rent checks?
Since 2016, landlords have had a statutory obligation to ascertain that a tenant has the right to be living in the country. The penalty for non-compliance is criminal proceedings, with courts having the power to impose a fine of up to £30,000.
In a recent court case, the High Court ruled that ‘Right to Rent’ actually breaches European human rights law, by discriminating against many tenants renting a private home.
So good news for landlords then? Not necessarily as the government has launched an appeal against the ruling.
As yet, no date has been set for the appeal which will be heard by the Court of Appeal. The advice, therefore, to landlords is that they should continue to carry out checks for the time being to ensure they are protected regardless of the ruling.
If you are a residential landlord and need advice, you can contact me directly via philip.oke@GAsolicitors.com or call 01752 203500.
Philip Oke, consultant