Right to Rent checks timing question

Guest Author

7:56 AM, 17th December 2015, About 9 years ago 6

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My question is when are the checks supposed to be done the code of practice guide states “Right to rent checks on prospective tenants may only be undertaken and recorded up to 28 days before the tenancy agreement comes into effect”.

“Where a person has no time limit on their stay in the UK, checks may be undertaken at any point before the residential tenancy agreement is granted. However, where a person has a time-limited right to remain in the UK, checks should be undertaken not more than 28 days before the residential tenancy agreement comes into effect”.

Call me stupid, but does this mean 28 days before the date of the tenancy agreement? Or does it mean 28 days before the date of the ‘actual tenancy’ (they can vary) I assume when it states anytime before the tenancy agreement is granted means it could in theory be done just before the tenancy agreement is drawn up?

If anyone could just in simple language could say the proper way of doing it, I would be ever so grateful.

Sam

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Neil Patterson

8:10 AM, 17th December 2015, About 9 years ago

From .Gov dated 1/11/2015 >> https://www.gov.uk/check-tenant-right-to-rent-documents

You should check that a tenant or lodger can legally rent your residential property if it’s in Birmingham, Walsall, Sandwell, Dudley or Wolverhampton.

Within 28 days before the start of a new tenancy, you must make checks for:

all adult tenants (aged 18 and over)
all types of tenancy agreements, written or oral

Further checks

You must make a further check on your tenant if their permission to stay in the UK is time limited. You can get a fine (also known as a civil penalty) if you don’t do this.

You must make a further check either:

just before the expiry date of your tenant’s right to stay in the UK
within 12 months of your previous check

You won’t have to make a further check if your tenant doesn’t have any restrictions on their right to stay in the UK.

..........
Therefore checks to be made before the start/commencement of the tenancy (move in date) but not more than 28 days before if I have read that correctly.

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Romain Garcin

10:25 AM, 17th December 2015, About 9 years ago

From memory, the actual wording of the law is 28 days before the "agreement is entered into", which means before the contract is created, not before the actual start of the tenancy.

I note that the gov website states something else... Which does not bode well for next year.

What is bonkers, though, is that, as you quoted, this time limit only applies if the prospective tenant has a limited right to remain in the UK, which can only be ascertained by carrying out the checks in the first place!

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Michael Barnes

10:58 AM, 17th December 2015, About 9 years ago

Reply to the comment left by "Romain Garcin" at "17/12/2015 - 10:25":

Whilst these do seem contradictory, they are from the section on establishing a statutory excuse.

My interpretation is "you can do the checks at any time before granting the tenancy, but if you find that there is a time-limited right to rent and you did the checks more than 28 days before, then you must repeat the checks within the 28-day period".

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Romain Garcin

11:14 AM, 17th December 2015, About 9 years ago

Reply to the comment left by "Michael Barnes" at "17/12/2015 - 10:58":

Yes, but it is still nonsensical to put a time limit on the checks based on information resulting from the checks.

Clarity and simplicity are really alien concepts in Whitehall.

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Michael Barnes

12:50 PM, 17th December 2015, About 9 years ago

Perhaps the statements should be preceded by the phrase "to be legally valid", which is probably what the author intended by putting them in the section "How to establish a statutory excuse".

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Puzzler

15:08 PM, 17th December 2015, About 9 years ago

Reply to the comment left by "Neil Patterson" at "17/12/2015 - 08:10":

and throughout England from 1/2/16

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