What is the "Right to Rent" Check?

The Government has announced that “right to rent” checks will come into force across England and Wales from 1 February 2016.

When placing an offer on a rental property, Letting Agents will request prospective tenants show sight of their immigration documents to ensure they have a legal right to reside in the UK.

The new rules will mean that landlords will only be able to rent properties to individuals who can provide a copy of their visa demonstrating they have the right to live in the UK. The landlord is required to ensure the checks are carried out at least 28 days prior to the tenancy start date.  This will be a similar process to the checks employers are obliged to carry out when someone begins work. A list of acceptable documents has been published.

Any landlord that does not carry out the check, or does not carry it out correctly, could be fined by the Home Office. Therefore, landlords are likely to abide by the list of acceptable documents strictly. Please note: The new rules will only apply to new tenancies as existing tenancies will be excluded from the checks.

What countries require a visa?
For non-British citizens you might need entry clearance / permission to enter the UK. Only British nationals, European Union citizens, non-EU member states of the European Economic Area (EEA - Norway, Liechtenstein and Iceland), Switzerland, and members of the Overseas Countries and Territories (OCT) are exempt from needing a visa to enter the UK.

There are 56 countries and territories that do not need an entry visa for stays of up to six months.  If an employee does not fall under any of the above-mentioned countries, they must check whether they will need a visa for entry or for long stays (over six months).  Anyone planning on staying for longer than the permitted six months must obtain a suitable visa (study, work or otherwise) in order to remain in the UK legally.

Since December 2013, citizens of Oman, Qatar and the United Arab Emirates have been able to obtain an Electronic Visa Waiver (EVW) online. This allows them to visit or study for up to six months without a visa. For stays longer than six months, a visa is required.  Nationals of the following 10 countries now need a visa when staying in the UK longer than six months: Australia, Canada, Hong Kong SAR, Japan, Malaysia, New Zealand, Singapore, South Africa, South Korea and the USA.  You can find out what type of entry clearance you need based on your nationality, purpose of the visit and country location, by going to the Foreign Office page.

Advice for Relocating Employees

• The Home Search - Whilst viewings of rental properties can still take place without a Visa, as the Visa applications can take from 3 to 8 weeks to be approved / denied, we recommend employees have begun the viewing process / at the latter  stages of the application before conducting viewings, this is so that the agent see the approved visa when the offer on the property is accepted.
• Rental Offer - Employees should not place a rental offer on a property without a visa.  Once a holding fee is paid on a property, the monies are non-refundable if the employee withdraws their offer due to a visa delay / visa denied
• Visa Extension - There are also likely to be more changes to the law in the coming months which will further impact tenancies. The Immigration Bill 2015, which is currently before Parliament, will give landlords the power to terminate tenancies where someone cannot provide evidence of their right to live in the UK. This could be a particular issue when an assignee applies for a visa extension but does not receive an acknowledgement letter until after their visa expires. Legally, they will have the right to remain but it may be difficult to provide evidence of this to their landlord.  Once someone is in the UK, it will be important for assignees to keep their landlord updated in relation to their visa status and when extension applications are being submitted. Visa extension applications should be submitted in good time to ensure that there is plenty of time to obtain the necessary documents to allow an assignee to remain in their home during the visa process

 If you would like further information on this topic please contact sirvaeurope@sirva.com