New legislation on the Right to Rent came into effect on 14th November 2016 and The Tenancy Deposit Scheme has issued a reminder for letting agents.

This legislation affects tenancy agreements, specifically the ending or transferring of the tenancy agreement in the case of a tenant being in the UK unlawfully. This type of tenant is referred to as a ‘disqualified tenant.’ If the tenant is disqualified, the landlord should receive written notice from the Secretary of State confirming that a tenant does not have the right to reside in the UK.

The landlord must act promptly if it is discovered that one or more of the tenants are living in the UK unlawfully to avoid being prosecuted themselves.

If all the tenants are disqualified the landlord must serve a minimum notice of 28 days. This notice will be treated as a notice to quit and can be enforced as though it were a High Court order.

The Tenancy Deposit Scheme’s policy briefing, ‘Tenancy Deposits and the Right to Rent’ is available at tenancydepositscheme.com

These changes currently only apply to England, however the Secretary of State can make regulations which have the effect of extending the changes to Wales, Scotland or Northern Ireland.