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Immigration Act and Right to Rent (England)

Right to Rent

18 Apr 2017 | 2 comments


What are the rules around Right to Rent? Our prospective tenant is moving in to the house and I don’t think is being straight with me about who will live there.




  1. guildy

    Please see this guidance which also links to the statutory guidance.

    In respect of numbers suspected, the guidance says:

    The Scheme applies to all adult occupiers who will be authorised to live at the property, whether or not they are named on a residential tenancy agreement. Landlords should make reasonable enquiries of the prospective tenant about the people who will live at the property.

    The enquiries that are reasonable will depend on the specific situation involved. In some circumstances, limited enquiries may be required, for instance if the property being let is a room within the landlord’s own home, or a studio apartment, and the tenant says that they alone will be living in the property, then no further enquiries may be required.

    In other cases, more detailed questions may need to be asked to ensure that only the adults named by them will share the property. Factors the landlord will want to consider will include whether the reported number of occupiers is proportionate to the size and type of property. Landlords are advised to keep a record of enquiries made and responses obtained.

    In particular, you should make sure you use our application for accommodation because that asks appropriate questions and they will sign to say they are true for your records.

  2. peterm

    Thanks guildy for your response. I will get them to sign the form before they move in if the agent doens’t already have a similar form.

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