Under Section 22 of the Immigration Act 2014 a landlord must not authorise an adult to occupy property as their only or main home under a residential tenancy agreement unless the adult is a British citizen, or European Economic Area (EEA) or Swiss national, or has a Right to Rent in the UK.
The law introduces a requirement from 1 February 2016 for all landlords of private rental accommodation in England to carry out Right to Rent checks for new tenancy agreements to determine whether occupiers aged 18 and over have the right to live in the UK legally.
The Right to Rent check applies to new tenancy agreements on or after 1 February 2016. Within the phase one area checks apply from 1 December 2014. Existing tenancy agreements are unaffected and landlords will not be required to carry out retrospective checks.