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The Law Society - Conveyancing

11

Apr

2016

Tenant ID Checks – Landlords Beware!

From 1st February 2016, landlords are now required to ensure that a tenant to whom they are letting has a ‘right to remain’ in the UK.  Landlords should ensure that they check and keep copies of a current UK/EU/Swiss passport plus all papers with entries for each tenant.  The retention of such items will also be subject to Data Protection Regulations.

If a non-European passport is held by a tenant, then either a current VISA or other official evidence of the tenant’s right to remain in the UK needs to be provided and copies retained.

Landlords should also ensure that any evidence relied upon ‘outlives’ the full term of the tenancy, or return for further updates as and when necessary during the period of the tenancy.

Details of ID items which can be relied upon are available at www.gov.uk within the ‘Right to Rent Guidance’ pdf.

Any doubts should be assuaged by a call to the Home Office (or a visit to their website) who promise a 48 hr response time.  This should also be borne in mind by those taking on properties with existing tenancies.

These checks must be repeated every twelve months in order to fully comply.

For advice in relation to tenancies, please contact our team of lawyers at law@pwjsolicitors.co.uk or on 020 8441 1556.

 

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