Legal Updates - Right to Rent
February 01 2024
New Landlord Requirements for 2024 - what does this mean for landlords renting a property?
The government is introducing a substantial increase in the amount fined to landlords who fail to properly check their tenants' right to reside in England and Wales.
Stricter requirements and higher penalties came into force on 22nd January 2024, meaning if a landlord or their acting agent breach the Scheme on or after the 22nd January 2024, the new penalities will apply.
Landlord Requirements
Before entering into a tenancy agreement, the landlord must ensure that the tenant has the right to rent in England by carrying out one of the following checks:
- Manual right to rent check
- Right to rent check using Identity Document Validation Technology (IDVT) via the services of an Identity Service Provider (IDSP)
- Home Office online right to rent check
Fine Increases
The two tables below show the previous fines and those that took effect under the new Code of Practice on 22 January 2024. You will see that the new amounts have increased significantly.
Fines where Landlord has NOT previously breached the Code of Practice
Previous fines where no previous breach | New fines where no previous breach |
£80 per lodger | £5,000 per lodger reduced to £3,500 if the landlord qualifies for FPO |
£1,000 per occupier | £10,000 per occupier reduced to £7,000 if the landlord qualifies for FPO |
Fines where Landlord has HAS previously breached the Code of Practice
Previous fines for repeat breaches | New fines for repeat breaches |
£500 per lodger | £10,000 per lodger |
£3,000 per occupier | £20,000 per occupier |
The new requirements highlight the importance for landlords and agents to ensure they comply with the Right to Rent Scheme and the Code Practice in relation to the Right to Rent. A breach of the rules could lead to a hefty fine if you have not carried out the relevant checks.
At Strettons we bring decades of experience and specialist advice to help landlords and property owners across East and North London. If you need assistance performing checks for Right to Rent, speak to one of our team members.
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