A guide to right to rent checks and requirements

A right to rent check requires landlords and agents in England to make sure that all tenants who occupy their properties have legal status to live in the UK.  

Our guide covers how to check someone’s right to rent, the consequences of not conducting the check, and explains who is responsible for carrying out these checks to remain compliant. 

What is right to rent?

Right to rent is a legal requirement for landlords in England to check that their tenants have the legal right to reside in the UK before renting a property to them. Introduced under the Immigration Act 2014, the law makes sure that only those with legal immigration status can rent homes. If a landlord fails to conduct a right to rent check and rents a property to someone without legal status, they commit a criminal offence, which can result in significant penalties.

Does right to rent apply to all tenancies? 

Right to rent applies to almost all private sector landlords in England. However, there are some exemptions which includes, short term holiday lets, accommodation that has been provided by the tenant’s employer, student lets that have been housed by an educational institution and mobile homes.  

It’s important to remember that lodger agreements are included within the right to rent legislation and must have a check performed. 

Who is responsible for checking someone’s right to rent?  

Landlords and agents in the UK are legally required to check that all tenants over the age of 18, including family members, carers, and lodgers, have the right to rent before renting a property. For non-UK citizens, this check must be done at least 28 days before the tenancy begins.  

Additionally, if a tenant sublets their property, they take on the role of a landlord for the subtenant and are responsible for checking the right to rent of anyone they sublet to.

How to check someone’s right to rent 

To check someone’s right to rent in the UK, first determine if they are eligible based on their nationality or immigration status. UK citizens, as well as those with settled or pre-settled status, have the right to rent. Non-EEA nationals typically require a visa or residence permit to rent. You can verify this by using the home office’s online right to rent check.  

You can also carry out a manual checks, where you can examine physical documents, such as a passport, residence permit, or biometric residence card. Regular follow-up checks may be necessary if your immigration status is time limited. The right to rent checks are usually completed as part of the tenant referencing process. 

Finally, landlords must keep records of the checks, and tenants can contact the home office if there are any issues.  

Consequences of not having the right to rent 

If someone does not have the right to rent in the UK and is renting a property, there can be significant consequences for both landlords and tenants. Tenants who lack the right to rent may face eviction, fines, or even criminal charges if they provide false information. Additionally, they may find it more difficult to rent in the future due to a damaged rental history.  

For landlords, failing to comply can result in a fine of up to £20,000 per tenant. As of December 2016, the Government also introduced additional penalties and landlords face potential imprisonment for failure to check their tenant’s right to rent status.  Landlords may also face loss of rent income if they need to evict a tenant and reputational damage, making it harder to attract future tenants. Both tenants and landlords are legally required to follow these checks to avoid these serious legal and financial consequences.  

New code of practice 

The new legislation, which came into effect in February 2024, has significantly increased the penalties for failing to carry out the right to rent checks. Previously, landlords faced fines of £1,000 per occupier for first-time offenses.  

Under the new rules, the fine has risen to up to £10,000 for a first-time violation. For repeated offenses, the fines have increased from £3,000 to £20,000 per tenant.  

This change aims to enforce stricter compliance with right to rent checks and highlight the importance of landlords properly verifying tenants’ immigration status before renting out a property. 

Landlord checks and discrimination  

Under the Equality Act 2010, it is illegal for a landlord or agentcy to discriminate against a tenant based on protected characteristics such as race, gender, nationality, or immigration status. While landlords are required to carry out right to rent checks, they must make sure these checks are applied fairly, consistently, and without bias.  

Discriminating against tenants because of their immigration status or any other protected characteristic is unlawful, and landlords must be careful to comply with both immigration and equality laws when renting out their properties.  

For more information and answers to the most commonly asked questions such as ‘what is a valid right to rent check?’, ‘when should right to rent checks be done?’ and ‘who has the right to rent in the UK?’, read Total Landlord’s ultimate guide to right to rent checks.