Tell HMRC about a new employee

Overview

You must tell HM Revenue and Customs (HMRC) when you take on a new employee and be registered as an employer.

Before you pay your new starter follow these steps.

Check you need to pay them (your new starter) through PAYE.

Get employee information to work out their (your new starter) tax code - if you do not have their (your new starter) P45, use HMRC’s (HM Revenue and Customs (HMRC)) ‘starter checklist’ (which replaced the P46).

Find out if they (your new starter) need to repay a student loan.

Use these details to set up your new employee in your payroll software.

Register your employee with HMRC (HM Revenue and Customs (HMRC)) using a Full Payment Submission (FPS).

You must also follow the same steps as when you start employing staff for the first time, for example checking they can work in the UK.

Check you need to pay someone through PAYE

You usually have to pay your employees through PAYE if they earn £120 or more a week (£520 a month or £6,240 a year).

You do not need to pay self-employed workers through PAYE.

Working out if someone is an employee or self-employed

As a general rule, someone is:

employed if they (someone) work for you and do not have any of the risks associated with running a business

self-employed if they (someone) run their (someone) own business and are responsible for its success or failure

You must check each worker’s employment status to make sure they (staff)’re not self-employed. If you get it wrong you may have to pay extra tax, National Insurance, interest and a penalty.

Temporary or agency workers

You need to operate PAYE on temporary workers that you pay directly, as long as they’re classed as an employee.

You do not need to operate PAYE if a worker is paid by an agency, unless the agency’s based abroad and does not have a trading address or representative in the UK.

There are special rules for harvest workers or shoot beaters employed for less than 2 weeks.

Employees you only pay once

You operate PAYE differently for employees you only pay once.

Set up a payroll record with their full name and address. If you give them a payroll ID, make sure it’s unique.

When you send your Full Payment Submission (FPS):

use tax code ‘0T’ on a ‘Week 1’ or ‘Month 1’ basis

put ‘IO’ in the ‘Pay frequency’ field

do not put a start or leaving date

Give your employee a statement showing their pay before and after deductions, and the payment date, for example a payslip or a letter. Do not give them a P45.

Volunteers

You do not need to operate PAYE on volunteers if they only get expenses that are not subject to tax or National Insurance - check if their expenses are affected.

Students

Operate PAYE on students in the same way as you do for other employees.

Get employee information

You need to get certain information from your employee so you can set them up with the correct tax code and starter declaration on your payroll software.

You’ll usually get most of this information (employee information) from the employee’s (your employee) P45, but they (your employee)’ll have to fill in a ‘starter checklist’ (which replaced the P46 form) if they (your employee) do not have a recent P45.

You’ll need your employee’s (your employee):

date of birth

gender

full address

start date

From your employee’s (your employee) P45 (the employee’s (your employee) P45), you’ll need their (your employee):

full name

leaving date from their (your employee) last job

total pay and tax paid to date for the current tax year

student loan deduction status

National Insurance number

existing tax code

You must keep this information (employee information) in your payroll records for the current year and the 3 following tax years.

If your employee does not have a P45

Ask your employee for this information if you do not have their (your employee) P45 (the employee’s (your employee) P45), or if they (your employee) left their (your employee) last job before 6 April 2020.

The P46 form is no longer used.

Get the information by asking your new employee to complete HMRC’s new starter checklist.

If your employee has more than one P45

You should use the P45 with the latest date and give the other one back to the employee (your employee).

If they (your employee) have the same leaving date use the P45 with the highest tax free allowance (or least additional pay for a K code) and give the other one back to the employee (your employee).

Work out your employee’s tax code

When you’ve got your employee’s information you can use a tool to:

work out their (your employee’s) tax code and starter declaration

find out what else to do before you pay your employee for the first time

Work out your employee’s (your employee) tax code

Employees you only pay once and secondments from abroad

There’s a different way to work out tax codes for employees who you only pay once or who are seconded from abroad.

Student loan repayments

You should make student loan deductions if any of the following apply:

your new employee’s P45 shows that deductions should continue

your new employee tells you they’re repaying a student loan or a postgraduate loan, for example on a starter checklist

HM Revenue and Customs (HMRC) (HMRC’s) sends you form SL1 or form PGL1 and your employee earns over the income threshold for their (your new employee) loan

What you need to do

You should follow these steps even if your employee (your new employee’s) has a P45 from their (your new employee) last job.

Ask your new employee if they (your new employee) have a student loan or a postgraduate loan - they (your new employee) may have both. If they (your new employee) finished their (your new employee) studies after 6 April in the current tax year, they (your new employee) will not start to repay their (your new employee) loan until the next tax year.

Record their (your new employee) answer in your payroll software. You do not need to calculate their (your new employee) loan recovery repayments - your payroll software will do this for you.

If your employee has a student loan, ask them to sign in to their repayment account and check which plan to use for deductions. They can contact the Student Loans Company if they’re still not sure.

If they (your employee) cannot tell you, use Plan 1 in your payroll software until you get a student loan start notice (SL1).

Where the employee is on more than one plan, start deductions for the plan with the lowest recovery threshold until you get an SL1. Check the student loan recovery thresholds.

Report these deductions (deductions for the plan with the lowest recovery threshold) to HMRC when you pay your employee.

Special rules

In some cases there are special rules for making student loan deductions. Examples include:

you’re sent a court order to collect a debt directly from your employee’s earnings

you change how often you pay your employee, such as from weekly to monthly

the employee has more than one job with you and you need to aggregate earnings

Stopping deductions

HMRC will tell you if you need to stop making loan deductions from your employees’ pay. They (HMRC)’ll send you:

form SL2 for student loans

form PGL2 for postgraduate loans

Do not stop making deductions if an employee asks you to.

Registering your new employee

Register your new employee with HM Revenue and Customs (HMRC) (HMRC) by including their (your new employee) details on a Full Payment Submission (FPS) the first time you pay them (your new employee).

On this FPS (a Full Payment Submission (FPS)), include:

information you’ve collected from them (your new employee)

the tax code and starter declaration that you’ve worked out

pay and deductions (for example tax, National Insurance and student loan deductions) since they (your new employee) started working for you - do not include figures from their (your new employee) previous job

Giving your employee a payroll ID

You can assign payroll IDs to your employees. The ID must be unique - so use a different one if:

you re-employ someone - if you do this within the same tax year restart their year-to-date information from ‘£0.00’

an employee has more than one job in the same PAYE scheme

If you re-use a previous payroll ID, you’ll create a duplicate record and report payroll incorrectly.

Special rules

There are special rules for making deductions for:

female employees entitled to reduced National Insurance

employees you only pay once

harvest workers and casual beaters

certain employees with more than one job

Late P45 or starter checklist

You may need to update your payroll records if your employee gives you a P45 or starter checklist after you’ve registered them with HM Revenue and Customs (HMRC) (HMRC).

You only need a starter checklist from your employee to work out their (someone) tax code if they (someone) do not have a P45, or if they (someone) left their (someone) last job before 6 April 2020.

If HMRC has sent you a tax code

Use the tax code that HMRC has sent you if your employee gives you a P45 or starter checklist after you’ve first paid them. Deduct any student loan repayments from the date your employee started with you.

If HMRC has not sent you a code

Late P45

Use your employee’s P45 to work out their tax code and update their details in your payroll software.

If your employee left their last job after 5 April 2021, you should also update both the ‘Total pay to date’ and ‘Total tax to date’ fields in your payroll software for the first week you included this information. If your software finds errors, update the fields with the correct figures.

Late starter checklist

Use your employee’s starter checklist to update the starter declaration in your payroll records.

Keep using the tax code you used in your first Full Payment Submission (FPS) until HMRC sends you a new one.

When you next pay your employee

Do not enter another start date on the FPS (your first Full Payment Submission (FPS), even if you have not reported a start date before.


Check someone's criminal record as an employer

Checks you can make on someone's record

Employers can check the criminal record of someone applying for a role. This is known as getting a Disclosure and Barring Service (DBS) check.

You can request a more detailed check for certain roles, for example in healthcare or childcare.

There are different rules for getting a criminal record check in Scotland and Northern Ireland.

Types of check

You can request:

a basic check, which shows unspent convictions and conditional cautions

a standard check, which shows spent and unspent convictions, cautions, reprimands and final warnings

an enhanced check, which shows the same as a standard check plus any information held by local police that’s considered relevant to the role

an enhanced check with barred lists, which shows the same as an enhanced check plus whether the applicant is on the list of people barred from doing the role (a role)

If you carry out criminal records checks, you must have a policy on employing ex-offenders and show it to any applicant who asks for it.

Checking your own criminal record

You can only request a basic check for yourself.

If you’re self-employed, an organisation you’re working with can get a standard, enhanced or enhanced with barred lists check for you, where the role is eligible.

Childminders can get a check through Ofsted.

When to repeat a check

A DBS check has no official expiry date. Any information included will be accurate at the time the check was carried out. It’s up to you to decide when a new check is needed.

If the applicant has signed up for the DBS update service you can check whether their certificate is up to date online.

Certificates for previous roles

You can accept a certificate that was requested for a previous role but you must:

check the applicant’s identity matches the details on the certificate (a certificate that was requested for a previous role)

check the certificate (a certificate that was requested for a previous role) is the right level and type for the role applied for

check to see if anything has changed if the applicant (the applicant’s) is signed up for the update service (the DBS update service)

Checks on someone who lived abroad

DBS checks will not cover the time someone lived outside the UK.

Check the rules in the country they (someone) lived in.

Contact DBS

Contact DBS if you’re not sure whether you can request a check.

Get a basic DBS check for an employee

You can request a Disclosure and Barring Service (DBS) check on behalf of an employee.

There’s a different process to request your own basic DBS check.

How to do a check

You’ll need to choose a company from the list of ‘responsible organisations’ registered with DBS to process checks. They (DBS) will carry out the check (a check) and tell you the outcome once it (a check)’s complete.

The applicant will receive their certificate by post. They can also set up a DBS online account to view the certificate online.

How much it costs

A basic check costs £23. The responsible organisation (DBS) may also charge an administration fee.

If you do more than 1,000 basic checks each year, you can become a responsible organisation. Contact DBS to find out what’s involved.

How long it takes

A basic check takes up to 14 days.

If you’re registered with DBS you can use the tracking service (the DBS update service) to track multiple applications.

Get a standard or enhanced DBS check for an employee

How you request a standard or enhanced check depends on how many checks you do a year.

If you do:

fewer than 100 checks a year you must use a company known as an ‘umbrella body’

100 or more checks a year you can choose to register with DBS or use an umbrella body

How to do a check

Ask DBS or your umbrella body for an application form.

Give the form (an application form) to the applicant to fill in.

The applicant will return the completed form to you along with documents proving their (the applicant) identity.

Send the completed application form (the completed form) to DBS or your umbrella body.

DBS will send a certificate to the applicant. You must ask the applicant to show you the certificate so you can check it’s genuine.

How much it costs

How much it costs depends on the type of check.

Type of check | Cost

Standard | £23

Enhanced | £40

Enhanced with barred lists | £40

Checks are free for volunteers.

How long it takes

It usually takes around 8 weeks but it can take longer if:

the details given for the check are incorrect

several police forces need to be involved in the check

You cannot pay more to get a faster check.

If you’re registered with DBS you can use the tracking service to track multiple applications.

Checks on carers

If you provide care services for adults (for example in a care home), you can use a service called DBS Adult First.

This (a service called DBS Adult First) will confirm, usually within 2 days, if the applicant:

can start work, as long as they (the applicant)’re supervised

should wait for the results of an enhanced check

The service (a service called DBS Adult First) costs an extra £6.


Statutory Adoption Pay and Leave: employer guide

Entitlement

When an employee takes time off to adopt a child or have a child through a surrogacy arrangement they might be eligible for Statutory Adoption Pay and Leave.

Statutory Adoption Leave

Employees can take up to 52 weeks’ Statutory Adoption Leave. The first 26 weeks is known as ‘Ordinary Adoption Leave’, the last 26 weeks as ‘Additional Adoption Leave’.

Leave can start:

on the date the child starts living with the employee (an employee) or up to 14 days before the expected placement date (UK adoptions)

when an employee has been matched with a child to be placed with them by a UK adoption agency

when the child (a child) arrives in the UK (UK) or within 28 days of this date (the expected placement date) (overseas adoptions)

the day the child’s born or the day after (parents in surrogacy arrangements)

Statutory Adoption Pay

Statutory Adoption Pay (SAP) for employees is:

90% of their (employees) gross average weekly earnings for the first 6 weeks

£151.97 a week or 90% of their (employees) gross average weekly earnings (whichever is lower) for the next 33 weeks

Tax and National Insurance need to be deducted.

Calculate an employee’s adoption leave and pay using the maternity and paternity calculator.

Some employment types like agency workers, directors and educational workers have different rules for entitlement.

Extra leave or pay

You can offer more than the statutory amounts if you have a company scheme for adoption leave and pay. You must make sure your scheme’s policies are clear and available to staff.

Employment rights

An employee’s employment rights (like the right to pay, holidays and returning to a job) are protected during adoption leave. You still have to pay Statutory Adoption Pay even if you stop trading.

Eligibility

Some employees will not qualify for both leave and pay.

Statutory Adoption Leave

Employees must:

give you the correct notice

be classed as an employee

They (an employee) do not have to give you proof of the adoption or surrogacy unless you ask for it.

Leave for employees adopting a child from overseas

Employee must also sign form SC6 if they’re adopting from overseas with a partner. This confirms they’re not taking paternity leave or pay.

Statutory Adoption Pay

Employees must:

have been continuously employed by you for at least 26 weeks up to any day in the week they (employees) were matched with a child

be on your payroll and earn at least £120 a week in an 8-week period - the ‘relevant period’

give you the correct notice

give you proof of the adoption

If your employee (employees) usually earns an average of £120 or more a week, and they (employees) only earned less in some weeks because they (employees) were paid but not working (‘on furlough’) under the Coronavirus Job Retention Scheme, they (employees) may still be eligible.

Use the adoption pay calculator to check an employee’s eligibility and work out their matching week, relevant period, notice period and adoption pay.

There are special rules for some employee situations, for example if they (an employee) leave, become sick or if they (an employee) or their (an employee) child dies.

Pay for employees adopting a child from overseas

The requirements are the same for employees adopting from overseas, except they must have been continuously employed by you for at least 26 weeks at the start of the week when the pay will begin.

They must also sign form SC6 if they’re adopting with a partner. This confirms they’re not taking paternity leave or pay.

Pay for employees in surrogacy arrangements

The requirements are the same for employees in surrogacy arrangements, except they must have been continuously employed by you for at least 26 weeks up to any day in the 15th week before the baby is due.

If you ask for it, they (employees in surrogacy arrangements) must also give you proof that they (employees in surrogacy arrangements) intend to become the baby’s (the baby) legal parent.

Who cannot qualify

Employees will not qualify for either adoption leave or pay if they:

become a special guardian or kinship carer

adopt a stepchild or family member

adopt privately, for example without permission from a UK authority or adoption agency

Notice period

Notice does not have to be in writing unless you request it.

Statutory Adoption Pay

Employees must give you 28 days’ notice before they want to be paid Statutory Adoption Pay, unless the time between the child being matched and placed is less than that.

Statutory Adoption Leave

Within 7 days of being matched with a child, employees must tell you:

how much leave they (employees) want

their (employees) leave start date

the ‘date of placement’ - the expected or actual date the child is placed with them (employees)

You have 28 days to write to them (employees) confirming their (employees) leave start and end date.

There are different rules for overseas adoptions and surrogacy arrangements.

Within 28 days of getting their ‘official notification’, employees adopting from overseas must tell you the date of the notification and when they expect the child to arrive in the UK.

If they (employees adopting from overseas)’ve worked for you for less than 26 weeks, they (employees adopting from overseas) can tell you within 28 days of the Sunday in their (employees adopting from overseas) 26th week instead.

They (employees adopting from overseas) must also tell you:

the actual date the child arrives in the UK - within 28 days of this date

how much leave they (employees adopting from overseas) want and when they (employees adopting from overseas) want it to start - giving you 28 days’ notice

You have 28 days to write to them (employees adopting from overseas) confirming their (employees adopting from overseas) leave start and end date.

Leave for employees in surrogacy arrangements

At least 15 weeks before the due date, employees in surrogacy arrangements must tell you when the baby is due and when they want to start their leave. You can ask for this in writing.

You have 28 days to write to them (employees in surrogacy arrangements) confirming their (employees in surrogacy arrangements) leave start and end date.

Changes to leave dates

Employees must tell you about changes to leave dates at least 28 days before their original start date or the new start date - whichever is earlier.

You must write to them (Employees) if you have to amend their (Employees) leave start and end dates (their (employees) leave start and end date).

Employees must give 8 weeks’ notice if they want to change the date they return to work.

Proof of adoption

Employees must give you proof of adoption to qualify for Statutory Adoption Pay. Proof is not needed for Statutory Adoption Leave unless you ask for it.

For adoption, the proof (proof of adoption) must show the:

name and address of the agency and employee

date the child was matched, for example the matching certificate

expected or actual date of placement, for example a letter from the agency

relevant UK authority’s ‘official notification’ confirming the parent is allowed to adopt (overseas adoptions only)

date the child arrived in the UK, for example a plane ticket (overseas adoptions only)

You must keep records of the proof (proof of adoption).

Surrogacy arrangements

Proof is not needed for leave or pay unless you ask for it (Proof).

If you ask, employees must give you a written statement (‘statutory declaration’) to confirm that they:

intend to apply for a parental order in the 6 months after the baby’s birth

expect the order (a parental order) to be granted (for example because they (employees) do not have any convictions involving children, and the birth mother or father agree to the arrangement)

Refusing pay or leave

Statutory Adoption Leave

You cannot refuse adoption leave or change the amount of leave employees want to take off.

For adoption, you can delay the start date if the employee does not have a reasonable excuse for giving you the wrong amount of notice. To delay it, write to them within 28 days of their leave request.

Statutory Adoption Pay

You can refuse Statutory Adoption Pay if the employee does not qualify.

To refuse it (Statutory Adoption Pay), give the employee form SAP1 within 7 days of your decision. They must get this form (Statutory Adoption Pay) within 28 days of their request for Statutory Adoption Pay or the date they were matched with the child (whichever is earlier).

Record keeping

You must keep records for HM Revenue and Customs (HMRC), including:

proof of adoption

the date Statutory Adoption Pay started

the payments of Statutory Adoption Pay you’ve made - including dates

the payments you’ve reclaimed

any weeks you did not pay and why

You must keep records for 3 years from the end of the tax year they (employees) relate to (for example by using form SAP2 or keeping your own records).

Help with statutory pay

For financial help with statutory pay, you can:

reclaim payments (usually 92%)

apply for an advance if you cannot afford payments


Statutory Sick Pay (SSP): employer guide

Overview

Your employees may be eligible for Statutory Sick Pay (SSP), which is £96.35 a week for up to 28 weeks.

This guide is also available in Welsh (Cymraeg).

You can offer more if you have a company sick pay scheme (you cannot offer less). Company schemes are also called ‘contractual’ or ‘occupational’ sick pay and must be included in an employment contract.

There’s a separate guide to Statutory Sick Pay if you’re an employee.

If your employee is off work because of coronavirus (COVID-19)

You must pay an employee SSP if they’re self-isolating and off work for at least 4 days and any of the following apply:

they (an employee) or someone they (an employee) live with has COVID-19 symptoms or has tested positive for COVID-19

they (they (an employee) or someone they (an employee) live with)’ve been notified by the NHS or public health authorities that they (they (an employee) or someone they (an employee) live with)’ve been in contact with someone with COVID-19 (coronavirus (COVID-19))

someone in their support bubble (or your ‘extended household’ if you live in Scotland or Wales) has COVID-19 symptoms or has tested positive for COVID-19

they’ve been advised by a doctor or healthcare professional to self-isolate before going into hospital for surgery

You must pay your employee from the first ‘qualifying day’ they (an employee)’re off work. The date will depend on why they (an employee)’re off work.

You must pay them (your employee) on or after one of the following dates:

13 March 2020 - if they (an employee) or someone they (an employee) live with has symptoms or has tested positive for COVID-19

28 May 2020 - if your employee has been notified by the NHS or public health authorities that they’ve come into contact with someone with COVID-19

6 July 2020 - if someone in their support bubble (or extended household in Scotland or Wales) has symptoms or has tested positive for COVID-19

26 August 2020 - if your employee has been advised by a doctor or healthcare professional to self-isolate before going into hospital for surgery

A ‘qualifying day’ is a day an employee usually works on.

Reclaiming SSP

You can reclaim up to 2 weeks’ SSP if all of the following apply:

your employee was off work because they had COVID-19 or were self-isolating

your employee was off work because they were shielding - before 26 April 2021 in Scotland, before 12 April 2021 in Northern Ireland and before 1 April 2021 in England and Wales

your PAYE payroll scheme started on or before 28 February 2020

you had fewer than 250 employees on 28 February 2020

You can reclaim up to £96.35 a week for each employee.

You cannot reclaim SSP if your employee is off sick for any other reason.

Find out what other support you can get if your business is affected by COVID-19.

Holiday (or ‘annual leave’)

Statutory annual leave is accrued while the employee is off work sick (no matter how long they’re off) and can be taken during sick leave.

Entitlement

The weekly rate for Statutory Sick Pay (SSP) is £96.35 for up to 28 weeks. It is paid:

for the days an employee normally works - called ‘qualifying days’

in the same way as wages, for example on the normal payday, deducting tax and National insurance

Use the SSP calculator to work out the actual amount, for example for a daily rate.

Some employment types like agency workers, directors and educational workers have different rules for entitlement. You may still have to pay SSP (Statutory Sick Pay (SSP)) even if you stop trading.

You cannot force your employees to take annual leave when they’re eligible for sick leave.

When to start paying SSP (Statutory Sick Pay (SSP))

SSP (Statutory Sick Pay (SSP)) is paid when the employee is sick for at least 4 days in a row (including non-working days).

You cannot count a day as a sick day if an employee has worked for a minute or more before they go home sick.

If an employee works a shift that ends the day after it started and becomes sick during the shift or after it has finished, the second day will count as a sick day.

If your employee is off sick or self-isolating because of coronavirus (COVID-19) or has tested positive for COVID-19

From 13 March 2020 you start paying SSP (Statutory Sick Pay (SSP)) from the first ‘qualifying day’ an employee is off work, as long as they are off for at least 4 days in a row. This includes non-working days.

If an employee was off sick with COVID-19 symptoms before 13 March (13 March 2020), you start paying SSP (Statutory Sick Pay (SSP)) from the fourth qualifying day.

If an employee was self-isolating before 13 March (13 March 2020) because someone they live with had symptoms, you start paying SSP (Statutory Sick Pay (SSP)) from 13 March (13 March 2020).

If an employee is self-isolating because they’ve been notified by the NHS or public health authorities that they’ve come into contact with someone with COVID-19, you start paying SSP (Statutory Sick Pay (SSP)) from 28 May.

If an employee was self-isolating before 6 July because someone in their support bubble (or extended household in Scotland or Wales) but not their own household had symptoms or tested positive for COVID-19, you start paying SSP (Statutory Sick Pay (SSP)) from 6 July.

If an employee is self-isolating because they’ve been advised to do so by a doctor or healthcare professional before going into hospital for surgery, you start paying SSP (Statutory Sick Pay (SSP)) from 26 August.

When to stop paying SSP (Statutory Sick Pay (SSP))

SSP (Statutory Sick Pay (SSP)) stops when the employee (an employee) comes back to work or no longer qualifies.

Record keeping

You’ll need to keep records of SSP you’ve paid to an employee who was off work because of COVID-19 if you want to reclaim it.

You’ll need to keep the following records for 3 years after the end of the tax year you paid SSP:

the dates the employee (an employee) was off sick

which of those dates (the dates the employee (an employee) was off sick) were qualifying days

the reason they (an employee) said they (an employee) were off work

the employee’s (an employee) National Insurance number

You do not need to keep records of SSP paid to employees who are off sick for another reason.

You can choose how you keep records of your employees’ sickness absence. HMRC may need to see these records if there’s a dispute over payment of SSP (Statutory Sick Pay (SSP)).

Eligibility and form SSP1

To qualify for Statutory Sick Pay (SSP) employees must:

have an employment contract

have done some work under their (an employee) contract (an employment contract)

have been sick for 4 or more days in a row (including non-working days) - known as a ‘period of incapacity for work’

earn an average of at least £120 per week

give you the correct notice

give you proof of their (an employee) illness, only after 7 days off

Employees who have been paid less than 8 weeks of earnings still qualify for SSP (Statutory Sick Pay (SSP). Use the sick pay calculator to work out how much to pay them.

An employee’s period of incapacity for work is not interrupted if they take annual leave during that time.

Employees can qualify for sick pay from more than one job.

They (Employees) could also qualify in one job but be fit for work in another, for example if one job is physical work that they (Employees) cannot do while ill but the other is office-based.

Coronavirus (COVID-19) eligibility

Your employees qualify for SSP (Statutory Sick Pay (SSP) if they (Employees) meet the criteria and cannot work if any of the following apply:

were self-isolating on or after 13 March 2020 because they (Employees) or someone they (Employees) live with had COVID-19 or symptoms of COVID-19

started self-isolating on or after 28 May 2020 because they were notified by the NHS or public health authorities that they’ve come into contact with someone with COVID-19

were self-isolating on or after 6 July 2020 because someone in their support bubble (or extended household in Scotland or Wales) but not their own household had symptoms or tested positive for COVID-19

have tested positive for COVID-19 since 5 August 2020

were self-isolating on or after 26 August because they had been advised to do so by a doctor or healthcare professional before going into hospital for surgery

Employees will not qualify for SSP (Statutory Sick Pay (SSP) if they are self-isolating after entering or returning to the UK, and do not need to self-isolate for any other reason.

Exceptions

Employees do not qualify for SSP (Statutory Sick Pay (SSP) if they:

have received the maximum amount of SSP (28 weeks)

are getting Statutory Maternity Pay or Maternity Allowance - there are special rules for pregnant women and new mothers who do not get these payments

are off work for a pregnancy-related illness in the 4 weeks before the week (Sunday to Saturday) that their baby is due

were in custody or on strike on the first day of sickness (including any linked periods)

are working outside the EU and you’re not liable for their National Insurance contributions

received Employment and Support Allowance within 12 weeks of starting or returning to work for you

Use the SSP calculator to check eligibility.

Linked periods of sickness

If your employee has regular periods of sickness, they may count as ‘linked’. To be linked, the periods must:

last 4 or more days each

be 8 weeks or less apart

Your employee is no longer eligible for SSP (Statutory Sick Pay (SSP) if they have a continuous series of linked periods that lasts more than 3 years.

If an employee is not eligible or their SSP ends

Employees may be able to apply for Universal Credit or Employment and Support Allowance (ESA). They use form SSP1 to support their application.

If your employee’s SSP is ending you must send them form SSP1 either:

within 7 days of their (your employee’s) SSP ending, if it (their SSP) ends unexpectedly while they (your employee’s)’re still sick

on or before the beginning of the 23rd week, if their (your employee’s) SSP is expected to end before their (your employee’s) sickness does

If your employee does not qualify for SSP (Statutory Sick Pay (SSP) you must send them (your employee’s) form SSP1 within 7 days of them (your employee’s) going off sick.

If your employee (your employee’s) thinks this (send) is unfair, they (your employee’s) can appeal to HMRC - the form (form SSP1) tells them (your employee’s) how to do this (send).

Long-term illness

You can complete form SSP1 before the end of SSP (Statutory Sick Pay (SSP) if you know an employee will be off sick for more than 28 weeks. This means they can apply for ESA before their SSP (Statutory Sick Pay (SSP) comes to an end.

Notice and fit notes

Notice

The employee should tell you they’re sick within the time limit set by you, or 7 days if you do not have one. You cannot:

insist they (The employee) tell you in person or on a special form

ask them (The employee) for proof of their (The employee) sickness until they (The employee) have been off for 7 days (including non-working days)

You do not have to pay Statutory Sick Pay (SSP) for any days the employee was late in telling you (unless there’s a good reason for the delay).

If an employee was shielding because of coronavirus (COVID-19)

Shielding has stopped in the UK.

An employee can no longer apply for a new shielding note or a replacement shielding note.

Fit notes and asking for proof

After 7 days off sick (including non-working days) you can ask the employee for proof of their sickness. This could be:

an isolation note from NHS 111 - if they (the employee) are self-isolating and cannot work because of COVID-19

the notification from the NHS or public health authorities if they (the employee) are self-isolating because they (the employee)’ve come into contact with someone with COVID-19

a letter or shielding note that they got from their doctor or health authority, or the government, advising them to shield

a letter from their doctor or healthcare professional confirming the date of their procedure if they’ve been advised to self-isolate before going into hospital for surgery

a fit note from their doctor or a hospital (sometimes called a sick note) - if they have any other illness

If you agree, they can give you a report from a physiotherapist, podiatrist or occupational therapist, (called an Allied Health Professional (AHP) Health and Work report).

You cannot withhold SSP if the employee is late sending you a fit note or isolation note.

If your employee is off sick frequently or for a long time, HMRC has information about getting medical advice.

Help with sick pay

Reclaiming Statutory Sick Pay

You may be able to reclaim Statutory Sick Pay (SSP) (Statutory Sick Pay) if your employee is off work because of coronavirus (COVID-19).

If you’re insolvent

HMRC will pay SSP for any employee who continues to work for you if they were sick when you became insolvent. Tell your employee to contact the Statutory Payment Disputes Team.

If their sickness continues and you terminate their contract, give them a completed SSP1 form so they can claim Employment and Support Allowance instead.


Being monitored at work: workers' rights

Overview

Employers might monitor workers. This could be done in various ways, like:

CCTV

drug testing

bag searches

checking a worker’s emails or the websites they look at

Data protection law covers any monitoring that involves taking data, images or drug testing.

If workers are unhappy about being monitored, they can check their staff handbook or contract to see if the employer (Employers) is allowed to do this (monitor).

If they (Employers)’re not, the worker (workers) might be able to resign and claim unfair (‘constructive’) dismissal. But this is a last resort - they (workers) should try to sort the problem out first - read the advice to help solve a workplace dispute.

Searches

Employers should have a written policy on searching. Searches should:

respect privacy

be done by a member of the same sex

be done with a witness present

If a search or drug test is badly handled, workers might have a claim for discrimination, assault or false imprisonment.

For advice about work issues, talk to Acas (the Advisory, Conciliation and Arbitration Service), Citizens Advice or your trade union representative.

Drug testing

Employers have to have consent if they want to test for drugs. Usually this is when they have a full contractual health and safety policy, which should be in the contract or staff handbook.

Employers should:

limit testing to employees that need to be tested

ensure the tests are random

not single out particular employees for testing unless this is justified by the nature of their jobs

Workers can’t be made to take a drugs test but if they refuse when the employer has good grounds for testing, they may face disciplinary action.

Email, CCTV and other monitoring

Employers must explain the amount of monitoring clearly in the staff handbook or contract. They should tell workers:

if they (workers)’re being monitored

what counts as a reasonable number of personal emails and phone calls

if personal emails and calls are not allowed

Examples of monitoring could include:

looking at which websites workers have visited

CCTV in the building

checking workers’ bags as they leave

Employers are not allowed to monitor workers everywhere (not in the toilet, for example). If they don’t respect this they could be in breach of the Data Protection Act.

Read the advice on workplace disputes or talk to Acas (the Advisory, Conciliation and Arbitration Service), Citizens Advice for more advice. Workers can also contact their trade union representative.


Working with trade unions: employers

Overview

If you recognise a union in your workplace there are certain rules you need to follow.

You must:

give the union (a union) information in advance to help with collective bargaining

inform and consult the union (a union) about major changes in the workplace

follow proper procedures if you’re taking union subscriptions straight from your employees’ pay (the ‘check off’)

let union reps and members have time off for union activities

not discriminate against a worker because they’re in the union

Collective bargaining

You’ll need to work with unions to discuss changes to your employees’ terms and conditions. This is called ‘collective bargaining’.

Collective bargaining covers the terms and conditions of workers in a defined ‘bargaining unit’. This can include all employees in a workplace or just certain groups of workers, eg technicians.

It’s up to you and the union (a union) to agree which terms and conditions are covered but it’s usually things like pay, holiday, working hours etc.

Running collective bargaining

Employers and unions need to work out how to run collective bargaining, eg:

who’ll represent the workers

who’s included in a bargaining unit

when and how often meetings will happen

what to do if more than one union is recognised

what will be discussed

what to do if the union and employer (you and the union (a union)) cannot come to an agreement

Information to help with collective bargaining

Employers must give certain information to the union to help it with the bargaining process, eg the company’s pay and benefits structure or information about its profits, assets and liabilities.

Collective agreements

If collective bargaining leads to an agreement, for example about a pay increase or change in working conditions, it’s called a ‘collective agreement’.

Informing and consulting with unions

Employers must inform and consult with a recognised trade union about:

collective redundancies

transfers of business ownership

certain changes to pension schemes

health and safety

If you fail to consult the union about any of these (pension schemes), you’ll be breaking the law and could be fined - the amount depends on the situation.

There’s more information on the pension scheme changes you have to consult about in the guidance below.

You can also make voluntary agreements with unions to regularly inform and consult them about other business and workplace issues.

Acas has detailed guidance about informing and consulting employees.

Union subscriptions

Some trade union members pay their union subscriptions directly out of their wages.

The employer then gives these payments (their union subscriptions) to the union.

This (pay) is often called the ‘check-off’.

It’s up to you if you want to run the check-off (pay). A union cannot force you to run the check-off (pay) unless you’ve agreed to it in your workers’ employment contracts.

Authorising the check-off (pay)

A worker must give you written permission to take their union subscriptions from their wages.

This (written permission to take their union subscriptions from their wages) must be signed and dated. Their (A worker) permission starts from this date and continues until they (A worker) say otherwise.

If you take the check-off (pay) without proper permission you could be taken to an employment tribunal.

You can pre-print consent forms as long as the worker (A worker) signs and dates the form themselves (A worker). Unions are also allowed to get the written consent from the worker then forward it to you.

Stopping the check-off (pay)

You must stop taking check-off payments if your employee asks you to.

They (your employee) must give you written notice to stop the check-off (pay) and you must be given reasonable time to stop it (pay).

You can stop running the check-off (pay) at any time. If it (written permission to take their union subscriptions from their wages)’s in your workers’ employment contracts, you may have to give them notice.

The role of the union in the check-off (pay)

The union does not have to help run the check-off (pay). However, you can involve it (the union) if you want to. You could, for example, ask the union to help you get initial consent from its (the union) members.

You could also charge the union for the work involved in administering the check off (pay).

Even if you involve the union in the check-off (pay), it’s still your responsibility to make sure you make check-off deductions properly.

Rights of employees in trade unions

If you recognise a union, it will normally name one or more of your workers as its local workplace representatives (‘reps’).

Union reps have certain rights. They’re allowed reasonable time off work:

with pay for union duties and training at appropriate times

without pay to take part in union activities, eg the union’s (a union) annual conference (trade union members are entitled to this as well)

Reasonable time off does not have to be taken as annual leave.

Block lists

You cannot discriminate against anyone because they’re in the union or because of their union activity.

With rare exceptions, it’s also illegal to compile, use, sell or supply a ‘block list’ of union members that will be used to discriminate against them.


Register a boat

Overview

You usually need to register or licence your boat if you want to keep or use it on inland waterways, such as rivers and canals. Contact the navigation authority of the waterway you want to use to find out.

A boat is:

any vessel with or without a motor, for example a sailing boat, river boat, canal boat or houseboat

any ‘open boat’ such as canoe, paddle board, rowing boat or dinghy

To get a boat registration you may need:

insurance

a Boat Safety Scheme (BSS) certificate

You must renew each year for the waterway you want to keep or use your boat on. You can buy a visitor registration or licence for shorter periods.

Carry more than 12 passengers

You must have a passenger-carrying certificate issued by the Maritime and Coastguard Agency if you want to carry more than 12 passengers.

Commercial use

You must apply for a boatmaster’s licence if you want to use your boat commercially.

Use at sea

You can register your boat with the UK Ship Register for use at sea.

Who to contact

Register or license your boat with the navigation authority responsible for the waterway you want to use.

Most canals and some rivers, like the Severn, Trent and Ouse

Register with the Canal & River Trust.

Norfolk and Suffolk Broads, and adjacent waters

Register with the Broads Authority.

River Thames, River Medway, and the rivers of East Anglia

Download the application form for the waterway you want to use and register with the Environment Agency:

River Thames

River Medway

Anglian waterways (Great Ouse System, River Nene, River Stour, River Ancholme, Black Sluice, River Welland and River Glen)

Rye Harbour

River Thames annual registrations run from 1 January to 31 December. Other registrations run from 1 April to 31 March.

The Royal Military Canal

You do not need to register a boat for use between West Hythe Dam in Shorncliffe, Kent and Iden Lock in Cliffe End, East Sussex.

Contact Shepway District Council to register a boat for use between West Hythe Dam (West Hythe Dam in Shorncliffe, Kent) and Seabrook.

Scotland and Northern Ireland

Check if you need to register your boat with Scottish Canals or NI Direct.

Other areas

Check with the Inland Waterways Association to find the navigation authority for other areas.

Using more than one waterway

You can buy a ‘gold licence’ which lets you use all Environment Agency and Canal & River Trust waterways.

Canoe or rowing boat exemptions

You may not need to register a canoe with the navigation authority if you’re a member of British Canoeing.

Rowing clubs or associations can register a rowing boat for use on some waterways through British Rowing.

Penalties

An enforcement officer may put an enforcement notice on your boat if it’s on an inland waterway and:

it (your boat)’s not licensed or registered for the waterway you’re using

your licence or registration is not displayed

it (your boat) breaches the terms and conditions of the licence or registration (your licence or registration)

Check your licence or registration for additional rules that apply to your waterway.

You may be prosecuted and fined up to £1,000 or have your boat removed if you do not display an up-to-date licence or registration.

Questions about a penalty notice

Contact your navigation authority if you have questions about a penalty notice.

The UK Ship Register

You need to register your boat with the UK Ship Register to use it at sea.

Whether you can use the register (The UK Ship Register) depends on your citizenship status. Check the eligibility requirements for each part of the UK Ship Register.

There are 4 different parts of the register (The UK Ship Register). Which part you use depends on what you’re using your boat for:

Part 1 - commercial or pleasure boats

Part 2 - fishing boats

Part 3 - small boats

Part 4 - charter boats

Part 1 registration - commercial or pleasure boats

You can use Part 1 of the register (Part 1 - commercial or pleasure boats) (The UK Ship Register) if you have either:

a commercial boat, unless you plan to use it (your boat) for fishing

a ‘pleasure vessel’ - this means you do not make any money from it

Registering your boat on Part 1 of the register (Part 1 - commercial or pleasure boats) means you’ll be able to:

get a marine mortgage against your boat

spend more than 6 months outside the UK

It costs £153 to register for 5 years.

You’ll be sent a renewal notice when it’s time to renew. It costs £72 to renew your registration for another 5 years.

Part 2 registration - fishing boats

Use Part 2 of the register (Part 2 - fishing boats) (The UK Ship Register) if you’re using your boat to catch and sell fish.

You can choose from ‘simple’ or ‘full’ registration. If you choose full registration you can get a marine mortgage against your boat.

To register for 5 years it costs:

£159 for simple registration

£196 for full registration

Part 3 registration - small boats

Use Part 3 of the register (small ships register) (Part 3 - small boats) if:

your boat is less than 24 metres long

your boat is a pleasure vessel

you live in the UK for at least 185 days of the year

You cannot use Part 3 of the register (Part 3 - small boats) (The UK Ship Register) if you’re a business.

Registering on Part 3 of the register (Part 3 - small boats) (The UK Ship Register) means you’ll be able to prove your boat’s nationality when sailing outside UK waters.

It (Registering) costs £35 for 5 years.

Part 4 registration - charter boats

Use Part 4 of the register (The UK Ship Register) if you plan to hire out (charter) your boat.

It (charter) costs between £35 and £196 for 5 years. The amount you’ll pay depends on the type of boat you’re registering.

How to register

You can register your boat online. You’ll need to create an account if you do not already have one.

If you own the boat (your boat) with other people, all owners must have an account before you can register your boat online.

Start now

You can pay by debit or credit card.

You can also use the online service (Part 3 - small boats) to renew, cancel or change the details of your registration.

Before you start

You’ll need:

the dimensions of your boat

the previous registration details of the boat (your boat) (if it (your boat)’s been registered before)

the bill of sale

the radio signal detail - including your UK radio call sign, Maritime Mobile Service Identity (MMSI) number and International Maritime Organization (IMO) number

the builders certificate

a certificate of survey for tonnage and measurement

an international tonnage certificate (ITC69)

safety certificates

Other ways to register

You can also register by post. Download and fill in the form for the type of boat you want to register.

Contact

You can contact the UK Ship Register by email, phone or post.


Rights of way and accessing land

Overview

You have the right to access some land for walking or certain other leisure activities.

You can:

use public roads and pavements or public rights of way, for example footpaths or bridleways

use your right to roam on open access land including mountains, moors, heaths, downs, common land and some land around the England Coast Path

If neither of these apply, you may still be able to access private land if:

the land was used as a public right of way in the past - check old maps and documents

the land was accessed by the public for at least 20 years and nobody has asked them to stop

the landowner has given permission (‘permissive access’)

Help protect the natural environment by following the Countryside Code.

Use public rights of way

You can walk on all public rights of way.

Some public rights of way are also open to horse riders, cyclists or motorists.

You can use:

footpaths - for walking, running, mobility scooters or powered wheelchairs

bridleways - for walking, horse riding, bicycles, mobility scooters or powered wheelchairs

restricted byways - for any transport without a motor and mobility scooters or powered wheelchairs

byways open to all traffic - for any kind of transport, including cars (but they’re mainly used by walkers, cyclists and horse riders)

Rights of way in England, Wales and Northern Ireland

Public rights of way are marked with signs or coloured arrows, for example yellow for footpaths, blue for bridleways.

You can find the route of public rights of way:

on Ordnance Survey and other maps

on some council websites

Rights of way in Scotland

You can find rights of way through the charity Scotways.

Report problems with a right of way

Contact the local council to report a problem, for example obstructions, poor maintenance or a misleading sign.

Change a public right of way

Contact the local council about adding, changing or removing a public right of way temporarily or permanently.

You can contact the Local Government Ombudsman if you think your council has not dealt with your enquiry properly.

Use your right to roam

You can access some land across England without having to use paths - this land is known as ‘open access land’ or ‘access land’.

Access land (some land across England) includes mountains, moors, heaths and downs that are privately owned. It (some land across England) also includes common land registered with the local council and some land around the England Coast Path.

Your right to access this land (some land across England) is called the ‘right to roam’, or ‘freedom to roam’.

What you can and cannot do

You can use access land for walking, running, watching wildlife and climbing.

There are certain activities you cannot usually do on open access land, including:

horse-riding

cycling

camping

taking animals other than dogs on to the land (some land across England)

driving a vehicle (except mobility scooters and powered wheelchairs)

water sports

But you can use access land for horse-riding and cycling if:

the landowner allows it (access land)

public bridleways or byways cross the land (access land) – horse riders and cyclists can ride along these

there are local traditions, or rights, of access

Dogs on open access land

You must keep your dog on a lead no more than 2 metres long on open access land:

between 1 March and 31 July - to protect ground-nesting birds

at all times around livestock

On land next to the England Coast Path (some land around the England Coast Path) you must keep your dog under close control.

There may be other local or seasonal restrictions. These do not apply to public rights of way or assistance dogs.

Excepted land

On access land some areas remain private (‘excepted land’). You do not have the right to access these areas, even if they appear on a map of open access land.

Excepted land includes:

houses, buildings and the land they’re on (such as courtyards)

land used to grow crops

building sites and land that’s being developed

parks and gardens

golf courses and racecourses

railways and tramways

working quarries

Use public rights of way to cross excepted land.

Find open access land

Search for open access land in England and find out about land that’s currently closed to walkers.

Find open access land in Wales.

Contact the local council to find common land near you.

Report problems with open access land

You can report problems to the local access authority - contact them through the local council.

If the problem is in a national park, you can contact them (the local access authority) directly.

You can also contact the Open Access Contact Centre for information about open access land in England.

Access private land

You may be able to access private land if the landowner has agreed to let people use it, for example for walking, cycling or horse riding (sometimes known as giving ‘permissive access’). Look for signs.

Search for farms and other land with access for schools, families and other groups.

Search for land of outstanding scenic or scientific interest, including land with permissive access, in the HM Revenue and Customs (HMRC) directory.


Prepare for flooding

If you’re about to be flooded

Check the National Flood Forum or speak to a Floodline adviser to find out how to stay safe during a flood.

You can check if there’s currently a flood warning in your area.

Sandbags

Contact your local council to find out where to get sandbags. You can also get them from some DIY or building supplies shops.

If you need to travel

Check flood warnings and road travel information.

Protect yourself from future flooding

Plan how you’ll respond to a flood. Use a template to make a:

personal flood plan

community or group flood plan - if you’re responsible for an organisation such as a school, hospital, care home or community group

business flood plan

Protect your property

You can:

get advice from the National Flood Forum about how to protect your property and how much this (Protect) will cost

find flood protection products and services at Blue Pages

You may need permission to do work that will affect the flow of a river or divert flood water.

If you own a riverside property

If you own property next to a watercourse, for example a river, culvert, brook or mill stream, you must:

maintain river beds and banks

not obstruct the water flow

Read guidance on the rights and responsibilities of owning a riverside property.

Contact the Environment Agency if you have questions about your responsibilities.

If your property’s next to a canal

Contact the Canal and River Trust to check who’s responsible for maintaining the canal (a canal).

If you have a disability or need extra help

Ask your council if you can be put on a list to get extra help during a flood.

Citizens Advice can help make sure you’ll get support if your energy supply is affected.

Ask Floodline to send flood warnings to a friend or relative on your behalf.

Get insurance

You can:

find lower-cost home insurance through Flood Re if you’re in a flood-risk area

get insurance advice from the National Flood Forum

find a broker that specialises in properties that are difficult to insure

Get evidence of flood risk

Contact the Environment Agency if your insurer asks for evidence of your flood risk.

You’ll get a letter within 20 days. It’s free for individuals and businesses.

If you’ve done work on your property

You or a surveyor can complete a Flood Risk Report. This will tell insurers or buyers how the work (work on your property) has reduced the flood risk.


Check your tenant's right to rent

Who you have to check

You must check that a tenant or lodger can legally rent your residential property in England.

Check with the Home Office if the tenant is a Commonwealth citizen but does not have the right documents - they might still have the right to rent in the UK.

Before the start of a new tenancy, you must check all tenants aged 18 and over, even if:

they (all tenants aged 18 and over)’re not named on the tenancy agreement

there’s no tenancy agreement

the tenancy agreement is not in writing

Check all new tenants. It’s against the law to only check people you think are not British citizens. You must not discriminate against anyone because of where they’re from.

Sign up for email updates about the right to rent policy.

If the tenant is only allowed to stay in the UK for a limited time, you need to do the check in the 28 days before the start of the tenancy.

You do not need to check tenants in these types of accommodation:

social housing

a care home, hospice or hospital

a hostel or refuge

a mobile home

student accommodation

You also do not need to check tenants if they live in accommodation that:

is provided by a local authority

is provided as part of their (tenants) job (known as ‘tied accommodation’)

has a lease that’s 7 years or longer

Read the code of practice to find out if you need to do any other checks instead.

How to do a check

Because of coronavirus (COVID-19) there are temporary changes to the way you can check documents. Read guidance about the adjusted process, including asking for documents digitally, making checks on a video call, and what to do if someone cannot provide any accepted documents.

Check which adults will use your property as their (tenants) main home (your ‘tenants’).

Ask them (tenants) for original documents that prove they (tenants) can live in the UK.

Check their (tenants) documents to see if they (tenants) have the right to rent your property.

Check that each tenant’s documents are genuine and belong to them (anyone), with the tenant present.

Make and keep copies of the documents and record the date you made the check.

You can get an unlimited fine or be sent to prison for renting your property to someone who is not allowed to stay in England.

Checking EU, EEA and Swiss citizens

Right to rent checks continue in the same way as now until 30 June 2021 for citizens of the EU, Switzerland, Norway, Iceland and Liechtenstein.

Continue checking their (anyone) passport or national identity card as before. For family members of citizens of the EU, Switzerland, Norway, Iceland and Liechtenstein, follow the usual guidance for documents you can accept for right to rent checks.

You cannot insist that citizens of the EU, Switzerland, Norway, Iceland and Liechtenstein show that they have settled status or pre-settled status when starting a new tenancy before 1 July. You can however ask if they have settled or pre-settled status, and whether they want to use this instead of a passport or identity card.

If the tenancy starts on or after 1 July 2021 but you check their right to rent before this, you can still use their passport or national identity card.

Check if the property is used as the tenant’s main home

A property (the property) would usually be a tenant’s only or main home if:

they (the tenant’s) live there most of the time

they (the tenant’s) keep most of their (the tenant’s) belongings there

their (the tenant’s) partner or children live with them (the tenant’s)

they (the tenant’s)’re registered to vote at the property

they (the tenant’s)’re registered with the doctor using that address

Check their (the tenant’s) original documents

You need to check that:

the documents (their (the tenant’s) original documents) are originals and belong to the tenant (the tenant’s)

their (the tenant’s) permission to stay in the UK has not ended

the photos on the documents (their (the tenant’s) original documents) are of the tenant (the tenant’s)

the dates of birth are the same in all documents (and are believable)

the documents (their (the tenant’s) original documents) are not too damaged or do not look like they (their (the tenant’s) original documents)’ve been changed

if any names are different on documents, there are supporting documents to show why, such as a marriage certificate or divorce decree

If the tenant (a tenant’s) does not have the right documents

You must use the landlord’s checking service to check whether the tenant (the tenant’s)’s allowed to rent without the right documents if:

the Home Office has their (the tenant’s) documents

they (the tenant’s) have an outstanding case or appeal with the Home Office

the Home Office told them (the tenant’s) they (the tenant’s) have ‘permission to rent’

You’ll get an answer within 2 working days.

You’ll need the tenant’s Home Office reference number to use the service (the landlord’s checking service).

Do not rent a property to someone in England if they do not have the right documents and the landlord’s checking service tells you they are not allowed to rent.

Get help with a check

Call the landlord’s helpline to get help with a check.

You must follow the landlord’s code of practice on illegal immigrants and private rented accommodation.

Making copies of the documents

When you copy the documents:

make a copy that cannot be changed, such as a photocopy or a good quality photograph

for passports, copy every page with the expiry date or applicant’s details (such as nationality, date of birth and photograph), including endorsements, for example a work visa or Certificate of Entitlement to the right of abode in the UK

copy both sides of biometric residence permits

make a complete copy of all other documents

record the date you made the copy

Keep copies of the tenant’s documents for the time they’re your tenants and for one year after.

Make sure you follow data protection law.

If your tenant does not have any documents, you must check if they (someone in England)’re allowed to rent your property.

Follow-up checks

You must do a follow-up check to make sure your tenant can still rent property in the UK if there’s a time limit on their permission to stay.

You can get a fine if you do not do a follow-up check and your tenant’s permission to stay (their permission to stay) ends.

Do the follow-up check (a follow-up check) just before the date that’s the later of:

the end of your tenant’s permission to stay in the UK

12 months after your previous check

You do not have to do a follow-up check if there’s no time limit on your tenant’s permission to stay in the UK.

If your tenant fails a follow-up check

You must tell the Home Office if you find out that your tenant can no longer legally rent property in England after doing a follow-up check.

You could be fined or sent to prison for up to 5 years if your tenant fails a follow-up check and you do not report it to the Home Office.

Agents and subletting

You can ask any agents that manage or let your property to carry out the check for you. You should have this agreement in writing.

If a tenant sub-lets the property (your property) without you knowing, they’re responsible for carrying out checks on any sub-tenants. They will be liable for any civil penalties if they do not do the check correctly.


Rent a room in your home

Becoming a resident landlord

You’re a resident landlord if you let out part of a property which is your only or main home.

If you only occasionally rent out part of your home (a property which is your only or main home) (for example through short-term rental apps), check if you need to tell HMRC about this income.

If so, you’ll have certain rights and responsibilities:

you’re responsible for keeping the property (a property which is your only or main home) safe and in good repair

a tenant or lodger doesn’t have the right to challenge the agreed rent

you may be able to earn £7,500 per year tax-free under the Rent a Room Scheme

you can give less notice to end a letting than if you rented out the property as a whole (a property which is your only or main home)

Ask potential tenants or lodgers for references and follow them up before signing any agreement. Read the guide about letting rooms in your home for more information.

Coronavirus (COVID-19) and your responsibilities

Your responsibilities as a resident landlord have not changed because of coronavirus (Coronavirus (COVID-19)). You can read more coronavirus (Coronavirus (COVID-19)) and renting guidance for tenants and landlords.

The Rent a Room Scheme

The Rent a Room Scheme lets you earn up to a threshold of £7,500 per year tax-free from letting out furnished accommodation in your home. This (£7,500 per year tax-free) is halved if you share the income with your partner or someone else.

You can let out as much of your home as you want.

How it works

The tax exemption is automatic if you earn less than £7,500. This means you do not need to do anything.

If you earn more than this (The tax exemption) you must complete a tax return.

You can then opt into the scheme (the Rent a Room Scheme) and claim your tax-free allowance. You do this on your tax return.

You can choose not to opt into the scheme (the Rent a Room Scheme) and instead record your income and expenses on the property pages of your tax return.

More information

Read the Rent a Room helpsheet for more detailed information on how to complete the form, and when it makes sense to opt out of the scheme (the Rent a Room Scheme).

Eligibility

You can opt in to the scheme (the Rent a Room Scheme) at any time if:

you’re a resident landlord, whether or not you own your home

you run a bed and breakfast or a guest house

You cannot use the scheme for homes converted into separate flats.

Your lodger's tenancy type

The way you share your home with a lodger affects what kind of tenancy they have. This in turn affects their rights and how you can end the tenancy.

Your lodger is an excluded occupier

Your lodger is likely to be an excluded occupier if:

they (a lodger) live in your home

you or a member of your family share a kitchen, bathroom or living room with them (a lodger)

In this case, you only have to give them (a lodger) ‘reasonable notice’ to end the letting - and you will not have to go to court to evict them (a lodger).

Reasonable notice usually means the length of the rental payment period. For example, if rent is paid monthly, you should give one month’s notice.

Your lodger has basic protection

Your lodger is likely to be an occupier with basic protection if:

they (Your lodger) live in your home

they (Your lodger) do not share any living space with you or your family

If your lodger will not leave when you ask them (a lodger), you’ll need to get a court order to evict them (a lodger).

The charity Shelter has advice on excluded occupiers and occupiers with basic protection.

The length of the let

A tenancy or a licence can be either:

periodic - run indefinitely from 1 rent period to the next

fixed term - last a set number of weeks, months or years

If you do not agree the length of a let, it will automatically become a periodic let.

Licences can be open-ended for informal arrangements, like allowing a friend to stay on an as-and-when basis.

Rent, bills and tax

Rent

You can charge what you want for rent but should agree the amount with your tenant beforehand. You can also ask for a deposit and you can accept Housing Benefit for rent.

You must provide a rent book for tenants who pay weekly.

Coronavirus (COVID-19) and rent

Tenant responsibilities to pay rent have not changed because of coronavirus (COVID-19). Your tenant should continue to pay rent if they can. You can read coronavirus and renting guidance for tenants and landlords.

You and your tenant can get advice from Shelter (The charity Shelter), Citizens Advice and The Money Advice Service.

Council Tax

You will be responsible for Council Tax and can include part of the cost in the rent you charge. You must tell your council if having a tenant means you’re no longer entitled to a single person discount.

If you’re unsure who should pay Council Tax, check with your local council.

Utility bills

If you pay the utility bills for the entire house, you can include a charge in the rent or install pre-paid meters.

You can only charge the amount you’ve paid for gas and electricity plus VAT or you could face civil proceedings. Read Ofgem’s rules on the resale of gas and electricity for more information.

Income Tax

Income Tax is payable on rental income you receive.

If you’re not in the Rent a Room scheme, you’ll be charged Income Tax on any rental income you get after business letting expenses. Examples of business expenses include:

insurance

maintenance

repairs (but not improvements)

utility bills

If you’re in the Rent a Room Scheme, you’ll pay Income Tax differently.

Capital Gains Tax

You may have to pay Capital Gains Tax when you sell your home if:

you let out all or part of it (your home)

you’ve taken in more than 1 tenant or lodger at a time

However, you may be entitled to Private Residence Relief and Letting Relief.

Deposits

Resident landlords are not legally required to protect tenants’ deposit with one of the government-approved schemes.

Your local council may guarantee rent for a potential tenant who can’t afford a deposit.

You may have to pay other taxes if you run a bed and breakfast, or provide meals or cleaning services for guests. Contact HM Revenue and Customs for more information.

Ending a letting

How to end an excluded tenancy or licence

If your lodger is an excluded occupier, you only need to give them ‘reasonable notice’ to quit.

Usually this (‘reasonable notice’ to quit) means the length of the rental payment period – so if your lodger pays rent weekly, you need to give 1 week’s notice. The notice (‘reasonable notice’ to quit) does not have to be in writing.

You can then change the locks on your lodger’s rooms, even if they’ve left their belongings there. You must give their belongings back to them.

How to end a non-excluded tenancy or licence

If your lodger is an occupier with basic protection, you must serve them a written ‘notice to quit’. The notice period will depend on the tenancy or agreement, but is often at least 4 weeks.

If your lodger does not leave, you’ll need to get a court order to evict them.

Your lodger ends the tenancy

Your lodger can end the tenancy by giving you notice. They (Your lodger) cannot do this during the fixed term of the tenancy, unless there’s a break clause.

The amount of notice they (Your lodger) need to give depends on the tenancy agreement, if there is one. Otherwise, it (a written ‘notice to quit’)’s usually at least 4 weeks (if they (Your lodger) pay weekly) or 1 month (if they (Your lodger) pay monthly).

You and your tenant can end a tenancy at any time if you both agree.

Change of ownership

If you stop living in your home, the tenants can still stay there, but their tenancy type may change to reflect that you no longer live there.

If you sell your home and the new owner plans to live in the property as a resident landlord, they must:

give notice to a tenant within 28 days that they (the new owner) intend to live there

move in within 6 months of the sale (sell)

Until the new owner moves in, tenants will have more protection through tenancy laws, because during this time there’s no resident landlord. Their rights will depend on when they moved in. Find out about tenants’ rights in ‘Private renting: tenancy agreements’.

If you die, a tenancy will usually continue as though you were still resident, until someone else takes ownership.

Houses in Multiple Occupation

Your property may be classed as an House in Multiple Occupation (HMO) if you let rooms to more than 2 people.

There are extra safety requirements and standards for HMOs and you’ll often need a licence.

If someone in an HMO becomes ill with coronavirus (COVID-19), you do not have to find alternative accommodation for the other tenants. You also cannot make someone leave their home because they have coronavirus. Read the coronavirus and renting guidance for tenants and landlords.


Challenge your Council Tax band

Challenging your band

Council Tax bands are based on how much a property was worth on:

1 April 1991, for England and Scotland

1 April 2003, for Wales

You might be able to challenge your Council Tax band if you have evidence that suggests the band is wrong.

When you can challenge your band

You can challenge your band (your Council Tax band) if you have been paying Council Tax on your property for less than 6 months.

If you’ve been paying Council Tax on your property for more than 6 months you can only challenge your band (your Council Tax band) in specific circumstances. These include if:

your property has changed - for example, it’s been demolished, split into multiple properties or merged into one

your property’s (your property) use has changed - for example, part of your property is now used for business

your local area has changed - for example, a new supermarket has been built

Before you challenge your band

Contact the Valuation Office Agency (VOA) to explain why you think your band (your Council Tax band) is wrong. You must be able to provide evidence that supports your opinion. The VOA may be able to review and change your band without you needing to challenge it (your property).

There’s currently a reduced telephone service because of coronavirus (COVID-19). Only contact the VOA (the Valuation Office Agency (VOA)) by telephone if you cannot email them (the Valuation Office Agency (VOA)).

How to challenge your band

If the VOA (the Valuation Office Agency (VOA)) has reviewed your band and you do not agree with their (the Valuation Office Agency (VOA)) decision, you can then formally challenge your band.

Find your property’s Council Tax band on the valuation list.

Select your property (your property’s). From ‘Council Tax band details’ choose ‘Do you think this Council Tax band (your Council Tax band) is wrong?’

From ‘If you think your Council Tax band is wrong’ choose ‘Check if you can formally challenge your Council Tax band’.

Answer the questions on the checklist to find out if you can make a challenge.

Select ‘Make a formal challenge against your Council Tax band online’ to fill in the challenge form.

Provide evidence that supports your challenge in the ‘Formal challenge details’ section.

You must continue paying your Council Tax while the challenge (a formal challenge against your Council Tax band) is happening.

You can also appoint someone else to challenge on your behalf.

If you’re in Scotland use the Scottish Assessors website to check your Council Tax band, then follow the link ‘Make a proposal’.

Evidence that supports your challenge

You must send evidence that your council tax band is wrong to the Valuation Office Agency (VOA) if you’re in England or Wales.

If you’re in Scotland, use the Scottish Assessors website to check what evidence you need.

Evidence you can send

Send the addresses of up to 5 similar properties in a lower Council Tax band than yours.

They must be the same as your property in:

age

style and design

size (the VOA (the Valuation Office Agency (VOA)) will also consider properties that are larger than yours)

type (for example, they must be semi-detached houses if you live in a semi-detached house)

They must also be either:

in the same street or estate - if you live in a town or city

in the same village - if you live in the countryside

Evidence from house prices

You can also use the price that your property or similar properties sold for as evidence, if the sales were between:

1 April 1989 and 31 March 1993 - if your property is in England

1 April 2001 and 31 March 2005 - if your property is in Wales

You can look up property sale prices online from 1995 onwards.

Compare the sale prices to what the properties were valued at:

Council Tax band | Properties is in England - value in April 1991 | Properties in Wales - value in April 2003

A | Up to £40,000 | Up to £44,000

B | More than £40,000 and up to £52,000 | More than £44,000 and up to £65,000

C | More than £52,000 and up to £68,000 | More than £65,000 and up to £91,000

D | More than £68,000 and up to £88,000 | More than £91,000 and up to £123,000

E | More than £88,000 and up to £120,000 | More than £123,000 and up to £162,000

F | More than £120,000 and up to £160,000 | More than £162,000 and up to £223,000

G | More than £160,000 and up to £320,000 | More than £223,000 and up to £324,000

H | More than £320,000 | More than £324,000 and up to £424,000

I | - | More than £424,000

If the sale prices are different from the Council Tax bands the properties are in, send:

the addresses of the properties

the sale prices

the dates the properties were sold

If your property is in England, you’ll also need to send proof of the sale prices, such as:

a letter from a solicitor

the contract for the sale

Do not send data about average house prices in your area from websites such as Nationwide House Price Index, Nethouseprices, Rightmove or Zoopla.

After you make a challenge

You’ll get a decision from the Valuation Office Agency (VOA) within 4 months. They’ll either:

change your Council Tax band - your local council will revise your bill and adjust your payments

tell you why your band (your Council Tax band) cannot be changed

If you disagree with the VOA’s (the Valuation Office Agency (VOA)) decision

In England, if you make a formal challenge and disagree with the VOA’s (the Valuation Office Agency (VOA)) decision, you can appeal to the Valuation Tribunal.

If you’re in Wales, send it (a formal challenge) to the Welsh Tribunal.

The Valuation Tribunal is independent of the VOA (the Valuation Office Agency (VOA)). It (the Valuation Tribunal)’s free, but you have to pay your own costs.

You must appeal within 3 months of getting the VOA’s (the Valuation Office Agency (VOA)) decision. You may be able to get the time limit extended if you cannot apply in time.

If the tribunal (the Valuation Tribunal) agrees with you, the VOA (the Valuation Office Agency (VOA)) will change your band (your Council Tax band) and the council (your local council) will update your bill.

Get help

The Valuation Tribunal has guidance on:

what you need to do for the hearing

preparing for the hearing

You can also contact the tribunal (the Valuation Tribunal) for help.


Right to Acquire: buying your housing association home

Overview

Right to Acquire allows most housing association tenants to buy their home at a discount. You apply using the Right to Acquire application form.

You can apply to buy your housing association home if you’ve had a public sector landlord for 3 years. These landlords include:

housing associations

councils

the armed services

NHS trusts and foundation trusts

Eligible properties

Your property must either have been:

built or bought by a housing association after 31 March 1997 (and funded through a social housing grant provided by the Housing Corporation or local council)

transferred from a local council to a housing association after 31 March 1997

Your landlord must be registered with the Regulator of Social Housing.

The home you want to buy (your housing association home) must also be:

a self-contained property

your only or main home

Joint applications

You can make a joint application with:

someone who shares your tenancy

up to 3 family members who’ve lived with you for the past 12 months (even if they don’t share your tenancy)

Who doesn’t qualify

You can’t use Right to Acquire if:

you’re being made bankrupt

a court has ordered you to leave your home

you’re a council tenant – you may be able to use Right to Buy (Right to Acquire) instead

you have ‘Preserved Right to Buy’

Discounts

You can get a discount of between £9,000 and £16,000 on the price of your property.

The amount of discount you’ll get depends on where you live in the UK.

Your landlord will tell you what discount you’ll get when you apply to buy your home. You can also download a table of discounts, broken down by location.

Your discount might be reduced if you’ve used Right to Acquire or Right to Buy in the past.

Applying

Fill in the Right to Acquire application form

Send it (the Right to Acquire application form) to your landlord.

Your landlord must say yes or no within 4 weeks of getting your application (8 weeks if they’ve been your landlord for less than 3 years). If your landlord says no, they must say why. You can’t appeal against the landlord’s decision.

If your landlord agrees to sell, they (Your landlord)’ll send you an offer. They (Your landlord) must do this within 8 weeks of saying yes if you’re buying a freehold property, or 12 weeks if you’re buying a leasehold property.

Your landlord might offer you the choice of buying your home, or another empty one that they (Your landlord) own. You don’t have to accept the other property and your landlord doesn’t have to offer you one.

Your landlord’s offer

If your landlord agrees to sell, their (Your landlord) offer will tell you:

the price they (Your landlord) think you should pay for the property (your home) and how it was worked out

your discount and how it was worked out

a description of the property (your home) and any land included in the price

estimates of any service charge (for a flat or maisonette) for the first 5 years

any known problems with the property’s (your home) structure, eg subsidence

Deciding to buy

Once you get your landlord’s offer (their (Your landlord) offer), you have 12 weeks to tell them (Your landlord) that you still want to buy.

If you don’t reply, the landlord (Your landlord) will send you a reminder (called an ‘RTA4’). You’ll have a reasonable time (at least 28 days) to reply. If you don’t, your landlord will send a final reminder (called an ‘RTA5’). If you don’t reply to that, your landlord can drop your application.

You can pull out of the sale and continue to rent at any time.

If you disagree with the landlord’s (Your landlord) offer (their (Your landlord) offer)

Contact your landlord and tell them why.

If you think your landlord has set your home’s market value too high, you must write to them within 3 months of getting the offer (their (Your landlord) offer) and ask for an independent valuation.

A district valuer from HM Revenue & Customs will visit your home (your home’s) and decide how much it (your home’s)’s worth. You have 12 weeks to accept their valuation or pull out of the sale.

Selling your home

If you sell your home within 10 years of buying it (your home) through Right to Acquire, you must first offer it (your home) to your old landlord.

The property (your home) should be sold at the full market price agreed between you and the landlord (Your landlord).

If you can’t agree, a district valuer will say how much your home is worth and set the price. You won’t have to pay for their valuation.

If the landlord doesn’t agree to buy your home (your home’s) within 8 weeks, you can sell it (your home’s) to anyone.

Paying back your discount

If you sell your home within 5 years of buying it, you’ll have to pay back some or all of the discount you got (your discount).

If you sell within the first year, you’ll have to pay back all of the discount. On top of this, the amount you pay back depends on the value of your home when you sell it (your home). So, if you got a 10% discount, you’ll have to pay back 10% of the selling price.

If you sell after the first year, the total amount you pay back reduces. You pay back:

80% of the discount in the second year

60% of the discount in the third year

40% of the discount in the fourth year

20% of the discount in the fifth year

Help and advice

The Money Advice Service offers free, impartial advice about money, including buying a home and taking out a mortgage.

You can also get advice on Right to Acquire from:

Citizens Advice

Shelter

your local Law Centre


Appeal a high hedges decision

When you can appeal

Your council makes decisions about high hedges.

You can appeal against a high hedge remedial notice or the council’s (Your council) decision not to issue one if you either:

complained to the council (Your council) about the hedge

own, rent or occupy the land that the hedge is on

There’s no fee for appealing.

Deadline for appealing

You must appeal within 28 days of:

the remedial notice

your council’s (Your council) decision either to take no action, or to change an existing remedial notice (withdraw, waive or relax)

When you can expect a decision

Once your appeal is validated, you’ll normally get a decision within 34 weeks.

How to appeal

Fill in a high hedges appeal form.

You also need:

a copy of the council’s (Your council) decision

the remedial notice (if the council have issued one)

Email these documents (any other documents that directly support your appeal) with your completed appeal form to the council who made the decision (Your council) and the Planning Inspectorate.

Because of coronavirus (COVID-19), you cannot currently appeal by post.

After you appeal

The Planning Inspectorate will check your appeal to make sure it (your appeal)’s valid. They (the Planning Inspectorate)’ll tell you what happens next and how long your appeal may take.

Your appeal will be decided based on the information you send and a site visit. Your case officer will write to you if they require additional information.

You’ll normally get a decision within 34 weeks.

You can complain about how the Planning Inspectorate handled your appeal. There’s no time limit for complaints.

If you disagree with the appeal decision

You can challenge the decision (the appeal decision) in the High Court if you think the Planning Inspectorate made a legal mistake.

Get advice from a lawyer if you’re unsure about this.


Appeal a planning decision

When you can appeal

Your local planning authority makes decisions on planning applications.

You can appeal a planning decision if either:

you disagree with it (a planning decision)

the decision (a planning decision) was not made within 8 weeks (13 weeks for a major development, such as 10 or more dwellings or a building of more than 1,000 square metres)

There’s a different process to appeal a householder planning decision for a smaller project like an extension, conservatory or loft conversion.

There’s no fee for appealing.

Only the person who made the application can appeal. If you did not apply, you can comment on an appeal instead.

Deadline for appealing

If you disagree with a decision, you must appeal within 6 months of the date on the decision notice from your local planning authority.

If they (Your local planning authority) did not make a decision within 8 weeks, you can appeal up to 6 months after the decision (a planning decision) was due.

The deadline’s earlier if you’ve received an enforcement notice - you must appeal within 28 days of the notice.

When you can expect a decision

You’ll get a decision once your appeal is validated.

How to appeal

Because of coronavirus (COVID-19), you cannot currently appeal by post. You can still  appeal to the Planning Inspectorate online.

If you want to appeal more than one decision you must make a separate appeal for each.

You need to send a copy of your appeal, including all the supporting documents, to your local planning authority. The Planning Inspectorate will tell you how to do this.

Documents you must provide

You’ll need to submit copies of:

your original application

the site ownership certificate

the local planning authority’s (Your local planning authority) decision notice - if they (Your local planning authority) did not make a decision, submit a copy of the letter acknowledging your application

all plans, drawings and documents you sent to the local planning authority (Your local planning authority)

You’ll also need to submit:

a map of the surrounding area

any other documents that directly support your appeal, for example your full statement of case

You can upload these documents when you appeal.

Comment on an appeal

Anyone can comment on a planning appeal. Find the case on the appeals casework portal.

The deadline for comments is 5 weeks after the start date of the appeal (a planning appeal), or 6 weeks after the date on the local planning authority’s (Your local planning authority) enforcement notice.

Your local planning authority must tell anyone who has commented on the original application (‘interested parties’) that there’s an appeal.

They (Your local planning authority) have to do this (tell) within 5 working days of the appeal (a planning appeal) being started by the Planning Inspectorate.

Read the detailed guidance about taking part in an appeal.

After you appeal

The Planning Inspectorate will check your appeal (a planning appeal) to make sure it (a planning appeal)’s valid. They (the Planning Inspectorate)’ll tell you what happens next and how long your appeal (a planning appeal) may take.

The Planning Inspectorate will then consider your appeal (a planning appeal). Check how long planning appeal decisions normally take.

If anyone behaves unreasonably

You can apply for an ‘award of costs’ if anyone involved in your appeal (a planning appeal) has cost you money by behaving unreasonably, for example missing deadlines. You can have costs awarded against you too.

You can complain about how the Planning Inspectorate handled your appeal (a planning appeal). There’s no time limit for complaints.

If you disagree with the appeal decision

You can challenge the decision (the appeal decision) in the High Court if you think the Planning Inspectorate made a legal mistake.

Get advice from a lawyer if you’re unsure about this (challenge).


Controlling your dog in public

Overview

It’s against the law to let a dog be dangerously out of control anywhere, such as:

in a public place

in a private place, for example a neighbour’s house or garden

in the owner’s home

The law applies to all dogs.

Some types of dogs are banned.

Out of control

Your dog is considered dangerously out of control if it:

injures someone

makes someone worried that it (Your dog) might injure them (someone)

A court could also decide that your dog is dangerously out of control if either of the following apply:

it (your dog) attacks someone’s animal

the owner of an animal thinks they could be injured if they tried to stop your dog attacking their animal

A farmer is allowed to kill your dog if it’s worrying their livestock.

Penalties

You can get an unlimited fine or be sent to prison for up to 6 months (or both) if your dog is dangerously out of control. You may not be allowed to own a dog in the future and your dog may be destroyed.

If you let your dog injure someone you can be sent to prison for up to 5 years or fined (or both). If you deliberately use your dog to injure someone you could be charged with ‘malicious wounding’.

If you allow your dog to kill someone you can be sent to prison for up to 14 years or get an unlimited fine (or both).

If you allow your dog to injure an assistance dog (for example a guide dog) you can be sent to prison for up to 3 years or fined (or both).

Banned dogs

In the UK, it’s against the law to own certain types of dog. These are the:

Pit Bull Terrier

Japanese Tosa

Dogo Argentino

Fila Brasileiro

It’s also against the law to:

sell a banned dog

abandon a banned dog

give away a banned dog

breed from a banned dog

Whether your dog is a banned type depends on what it looks like, rather than its breed or name.

If you have a banned dog

If you have a banned dog, the police or local council dog warden can take it away and keep it, even if:

it (a banned dog) is not acting dangerously

there has not been a complaint

The police may need permission from a court to do this (take).

If your dog is in:

a public place, the police do not need a warrant

a private place, the police must get a warrant

a private place and the police have a warrant for something else (like a drugs search), they (the police) can seize your dog

A police or council dog expert will judge what type of dog you have and whether it (a banned dog) is (or could be) a danger to the public. Your dog will then either be:

released

kept in kennels while the police (or council) apply to a court

You’re not allowed to visit your dog while you wait for the court decision.

You can give up ownership of your dog but you cannot be forced to. If you do, your dog could be destroyed without you even going to court.

Going to court

It’s your responsibility to prove your dog is not a banned type.

If you prove this, the court (court) will order the dog (Your dog) to be returned to you. If you cannot prove it (or you plead guilty), you’ll be convicted of a crime.

You can get an unlimited fine or be sent to prison for up to 6 months (or both) for having a banned dog against the law. Your dog will also be destroyed.

Index of Exempted Dogs (IED)

If your dog is banned but the court thinks it’s not a danger to the public, it may put it on the IED (Index of Exempted Dogs (IED)) and let you keep it.

You’ll be given a Certificate of Exemption. This is valid for the life of the dog (your dog).

Your dog must be:

neutered

microchipped

kept on a lead and muzzled at all times when in public

kept in a secure place so it (your dog) cannot escape

As the owner, you must:

take out insurance against your dog injuring other people

be aged over 16

show the Certificate of Exemption (a Certificate of Exemption) when asked by a police officer or council dog warden, either at the time or within 5 days

let the IED (Index of Exempted Dogs (IED)) know if you change address, or your dog dies

Public Spaces Protection Orders

Some public areas in England and Wales are covered by Public Spaces Protection Orders (PSPOs) - previously called Dog Control Orders (DCOs).

In public areas with PSPOs, you may have to:

keep your dog on a lead

put your dog on a lead if told to by a police officer, police community support officer or someone from the council

stop your dog going to certain places - like farmland or parts of a park

limit the number of dogs you have with you (this applies to professional dog walkers too)

clear up after your dog

carry a poop scoop and disposable bags

You can report dog fouling to your local council.

Penalties

If you ignore a PSPO, you can be fined:

£100 on the spot (a ‘Fixed Penalty Notice’)

up to £1,000 if it (a PSPO) goes to court

PSPOs in your area

Local councils must let the public know where PSPOs are in place.

If the council plans to put a new PSPO in place, it must put up a notice and publish it on its website.

The notice (a notice) must tell you:

where the new PSPO (a new PSPO) will apply

if there’s a map and where you can see it (a notice)

Report a dog

Anyone can report a dog and their owner to the police.

You can report a dangerous dog to your council’s dog warden service.

You can also report dog fouling to your local council.