A guide to right to rent checks and requirements
In the UK, the “right to rent” scheme mandates that landlords and agents verify the immigration status of prospective tenants to make sure they have the legal right to reside in the UK. This guide provides an in-depth look into the right to rent checks, outlining the responsibilities of landlords and tenants, the checking process, potential consequences of non-compliance, and recent legislative updates.
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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
Conducting Right to Rent Checks
To verify a tenant’s right to rent, landlords can follow these steps:
Determine eligibility: Assess the tenant’s nationality or immigration status. UK citizens and individuals with settled or pre-settled status have the right to rent. Non-EEA nationals typically need a visa or residence permit.
Online verification: Utilise the Home Office’s online Right to Rent checking service, which provides real-time immigration status information.
Manual document checks: Examine original documents such as passports, residence permits, or biometric residence cards. Make sure that documents are valid and unaltered.
Follow up checks: If a tenant has a time-limited right to rent, schedule follow-up checks before the expiry of their current permission to stay.
Record keeping: Maintain copies of all documents and records of checks conducted, including dates and outcomes, for at least one year after the tenancy ends.
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 agency 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.
Checklist for right to rent compliance
To stay compliant with the Right to Rent UK regulations, landlords should follow this quick checklist:
| Task | Action required |
|---|---|
| Initial check | Verify all adult tenants’ legal status before tenancy begins |
| Use GOV.UK tools | Use the online Home Office tool or manual ID checks |
| Record keeping | Store copies of documents for at least one year after tenancy ends |
| Re-check if needed | Conduct follow-up checks before expiry of time-limited permissions |
| Avoid discrimination | Apply checks consistently and without bias |
| Know the penalties | Understand new fine limits: £10,000+ for first offences, £20,000 for repeat offences |
| Use agents properly | Have a signed agreement if the letting agent is performing checks on your behalf |
Conclusion: Why right to rent compliance matters
The right to rent UK legislation is more than just a checkbox – it’s a legal safeguard for tenants and a compliance requirement for landlords. With fines reaching £20,000 per tenant and the possibility of criminal prosecution, staying up to date with the latest requirements is essential for every property professional.
By understanding your responsibilities, using the right tools, and following a consistent process, you can avoid penalties, protect your tenants, and operate your rental business with confidence.
For full guidance on compliant renting practices 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?, visit the GOV.UK right to rent hub or see our partner site Total Landlord’s ultimate guide to right to rent checks.
Frequently asked questions
What documents are acceptable for right to rent checks?
Acceptable documents include valid passports, residence permits, and biometric residence cards. A comprehensive list is available on the UK government’s official website.
Are right to rent checks required for tenancy renewals?
If the tenant’s immigration status is time-limited, follow-up checks are necessary before the expiry of their current permission. For tenants with indefinite right to rent, additional checks are not required upon renewal.
Can landlords delegate right to rent checks to letting agents?
Yes, landlords can delegate this responsibility to letting agents, but it should be clearly outlined in a written agreement.
What should landlords do if a tenant fails a right to rent check?
Landlords should not proceed with the tenancy and may need to report the individual to the Home Office, following legal guidelines.
Do right to rent checks apply to all rental properties in the UK?
The checks are mandatory in England. Scotland, Wales, and Northern Ireland do not currently require right to rent checks.
How can tenants prove their right to rent in the UK?
Tenants can prove their right to rent by providing valid documentation such as a UK passport, a biometric residence card, or by generating a share code via the Home Office online right to rent service. This code can be shared with landlords, allowing them to verify immigration status in real time.
What happens if a tenant’s immigration status changes?
Landlords must conduct follow-up checks before the tenant’s right to rent expires. If the tenant no longer has the right to rent, landlords must report this to the Home Office and may be required to take legal steps to end the tenancy.
Can landlords face criminal charges for ignoring checks?
Yes. In addition to civil penalties (fines), landlords who repeatedly or knowingly rent to disqualified tenants may face criminal prosecution, including imprisonment of up to 5 years under the Immigration Act 2016.