Exemptions from the Right to Rent Checks

 

Exemption examples include:

 

Exemption examples include:

• Accommodation provided by employers for their employees – Employers are already subject to checks under different legislation
• Holiday lets  – although if the booking is open ended, or the initial booking was time limited but has subsequently been extended on one or more occasions such that the occupant appears to be using the premises as their only or main residence, then it would be advisable to undertake checks.
• If it is not the tenant’s only or main home  – If there is any doubt about it being the tenant’s main home – do the check. As a guide, the Home Office would consider that if a person is in occupation for a period of 3 months or longer, they are likely to be occupying the premises as their only or main residence.
• House guests such as friends or family members  – House guests would not be expected to be paying rent or using as their only or main home
• Accommodation involving local authorities, including where the tenant is to be placed into the PRS by the local authority  – Where tenants are taken via a local authority under homelessness regulation, it would be prudent to obtain written evidence from the referring body that they are satisfied with the tenants immigration status.
• Care homes, hospitals, hospices
• Hostels and refuges

 

Students

• Accommodation provided by Universities and Higher Education institutions is exempt (again they have checking responsibilities under different legislation)
• Purpose built, privately managed student accommodation which has the majority of its residents nominated by one or more education institution is exempt
• Residential tenancy agreements granted to students by other private landlords and accommodation providers are not exempt and will be subject to the same requirements as for all other tenants