Landlords’ new border force obligations

12 Sep 2017


From 1st February 2016 the Government introduced new obligations for managing agencies and landlords to check that their tenants are legally eligible to live in their rented properties. If landlords fail to comply with these new obligations, they could be fined up to £3,000.


There are three types of “rights to rent” under these new obligations:


  • Unlimited rights to rent – this applies to British citizens, EEA and Swiss nationals as well as those who have been given the right to remain in the UK;


  • Time-limited rights to rent – as the name states, this applies to people who will need documentation to prove that they are entitled to remain in the UK; and


  • Those with no right to rent – this applies to everyone else who falls in to neither of the previous categories.


Exceptions to the rule

The only people exempt from these categories are those under the age of 18 and in those circumstances, landlords may allow those tenants to occupy the property but when the child reaches 18, further checks should be carried out in the event of an agreement renewal. Holiday accommodation is also exempt, as long as the letting period is stated in writing as being short term (less than three months) and the tenants will not remain after this period.

Homes owned by local authorities, social housing, care homes, hospitals, hostels and refuges are also excluded, as is tied accommodation, student accommodation and mobile homes.

It is worth noting that if your tenant’s rental agreement started before 1st February 2016, then a landlord is not required to take any action. However, it is recommended that you always carry out due diligence as the responsibility of the scheme falls back to the landlord – and they are the ones who are liable for the fine.



If you would like further information in relation to the new scheme, or you would like to discuss any other issues in relation to property tax or upcoming changes in the sector, then please contact one of the Real Estate team at DMH Stallard today to see how we can help.



Further reading

Commercial landlords face extended restrictions

Blog, Legal Updates
Landlords take another hit as tenants’ protection mandated to last two years; Lawrence Morley takes a look
Read more Read

New Homes Quality Code – consultation under way

Blog, Legal Updates
Now is the time for housing developers to contribute to the discussion about new quality code
Read more Read

Is changing terms of employment about to become more difficult?

Employers beware. It may become more difficult to change terms of employment through the process of dismissal and re-engagement or “fire and rehire”.
Read more Read

Is the menopause really a business issue?

Abigail Maino explores the extent to which employers should be supporting employees who may be struggling with symptoms of the menopause
Read more Read
  • Brighton Office

    1 Jubilee Street


    East Sussex

    BN1 1GE

  • Gatwick Office

    Griffin House

    135 High Street


    West Sussex

    RH10 1DQ

  • Guildford Office

    Wonersh House

    The Guildway

    Old Portsmouth Road



    GU3 1LR

  • Horsham Office

    Ridgeland House

    15 Carfax


    West Sussex

    RH12 1DY

  • London Office

    6 New Street Square

    New Fetter Lane


    EC4A 3BF

  • Get in touch