News

Right to Rent Changes on 22nd January 2024

As you may have seen recently, the Right to Rent Code of Practice will see changes on 22nd January 2024 with the most drastic change seeing fines increase substantially. This has been described as the Home Office’s biggest shake up of civil penalties since the checks were introduced in 2014.

We touched on this recently in the Whitaker Cadre End of 2023 Review, but thought it would be helpful to provide further details about the changes and the new level of fines. Particularly, how the changes will affect what we, as agents and landlords need to do, and the punitive consequences for not adhering to the new requirements.

For landlords and agents who take in lodgers or tenants without the appropriate Right to Rent checks, fines will increase. For a first breach fines will increase from £80 per lodger and £1,000 per occupier, to up to £5,000 per lodger and £10,000 per occupier. Repeat breaches will be up to £10,000 per lodger and £20,000 per occupier, up from £500 and £3,000, respectively.

With the change in legislation, agents and landlords should be most aware of tenants with time limited Right to Rent status. The majority of tenants in this group should have been given a share code from the Home Office to check their Right to Rent status. This can then be checked at https://www.gov.uk/view-right-to-rent.

However, two minor changes with the new legislation, relate to prospective tenants in this group without share codes.

1. These people will need to provide a document from List B of the legislation (such as a passport or immigration status document), and will need to pass the Right to Rent checks (known as a Positive Notice) from the Landlord Checking Service.
2. Follow up checks will be required for tenants who have gone through this process in step 1, when renewal of the Right to Rent is due (usually this would be at the end of the tenancy agreement). If Right to Rent is withdrawn, then it will be the responsibility on the landlord or the agent to inform the Home Office of the change of the tenant’s status.

For landlords, it is becoming increasingly more difficult to ensure that all Right to Rent guidelines are followed. There will be tougher checks and, yes, fines for offences are increasing but, at Whitaker Cadre, we’re here to help you with everything you need to know.

For all our managed landlords across Ilkley, Harrogate, Leeds and the Wharfedale area, we carry out the initial tenant checks and ensure that tenants have the appropriate Right to Rent Status when they move in. Whitaker Cadre would then also check the Right to Rent status when it is due for renewal. For our tenant find landlords across Ilkley, Harrogate, Leeds and the Wharfedale area, if you have any questions or concerns, please feel free to get in touch.

If you want to have a read yourself, the latest guide can be found at https://www.gov.uk/government/publications/landlords-guide-to-right-to-rent-checks/landlords-guide-to-right-to-rent-checks-6-april-2022-accessible-version