Right to rent check checklist

Why it matters

Non-compliance with Right to Rent obligations can result in unlimited fines and even imprisonment for landlords or agents, making accurate checks crucial. Incorrect checks can lead to accusations of discrimination, exposing landlords to legal challenges and reputational damage. Furthermore, inadequate checks may invalidate landlord insurance policies, leaving properties and finances unprotected in the event of unforeseen issues.

Legal requirements

• Every adult occupier aged 18 or over must be checked, even if they are not named on the tenancy agreement.
• Checks must be conducted before the tenancy commences for new tenancies or within a specified timeframe for certain changes in circumstances.
• Landlords must retain copies of identity documents and a record of the check for at least one year after the tenancy ends.
• Follow-up checks are required for individuals with a time-limited right to rent, before their permission expires.
• Checks must be conducted in a non-discriminatory manner, applying the same process to all prospective tenants.
• Acceptable documents for proving Right to Rent include passports, identity cards, biometric residence permits, and Home Office documents.
• Landlords must report tenants without a right to rent to the Home Office.
• Digital checks using identity document validation technology (IDVT) or the Home Office online service are permissible for certain categories of individuals.
• Statutory excuses against penalties are available if checks are conducted correctly and non-discriminatorily.
• Right to Rent checks only apply to residential tenancies in England.

Common mistakes

• Failing to check all adult occupants, including children who turn 18 during the tenancy.
• Accepting expired or fraudulent documents without verification.
• Not conducting follow-up checks for individuals with a time-limited right to rent.
• Failing to keep adequate records of the checks and copies of documents.
• Discriminating against prospective tenants by applying different checking standards based on perceived nationality or ethnicity.
• Assuming a tenant's immigration status based on their appearance or accent.
• Not understanding the difference between acceptable documents for manual vs. online checks.
• Relying solely on an agent without verifying their compliance processes.
• Forgetting to report tenants who are found to no longer have a right to rent to the Home Office.
• Performing checks for properties outside England, where Right to Rent rules do not apply.

Practical guidance

• Request clear, high-quality copies of identification documents from all adult applicants.
• Verify the authenticity of documents, cross-referencing against official examples if uncertain.
• Use the Home Office online service when an applicant provides a share code, as this is mandatory for some nationalities.
• Conduct in-person checks for British and Irish citizens, ensuring the person presenting the document is the same as the photograph.
• Make a clear copy of each document, noting the date of the check and the name of the person who conducted it.
• Store all Right to Rent documentation securely and confidentially for the required period.
• Calendar follow-up checks for tenants with a time-limited right to rent, setting reminders well in advance.
• Provide comprehensive training to all staff involved in tenant applications on Right to Rent procedures.
• Consult the official GOV.UK guidance regularly to stay updated on changes to acceptable documents and processes.
• Document all steps taken, including any difficulties encountered, to demonstrate due diligence.

Who Needs a Right to Rent Check and When

Every adult aged 18 or over who will occupy the property as their only or principal home must undergo a Right to Rent check in England. This includes anyone living there, regardless of whether they are named on the tenancy agreement or contribute to rent. The check must be completed before the tenancy begins. For individuals with a time-limited right to rent, a follow-up check is mandatory before their current immigration permission expires. Landlords must initiate these follow-up checks within 28 days before the expiry date. It is crucial to remember that these checks apply only to properties located in England. Properties in Scotland, Wales, or Northern Ireland are not subject to the Right to Rent scheme.

Acceptable Documents and Digital Checks

There are specific lists of acceptable documents for establishing a Right to Rent, divided into List A (for an indefinite right) and List B (for a time-limited right). List A includes documents such as a UK passport, Irish passport, or a Biometric Residence Permit indicating indefinite leave to remain. List B includes documents like a Biometric Residence Permit with a time-limited stay. For British and Irish citizens, landlords can conduct manual checks, which involve verifying the original document in person. For other nationalities, landlords must use the Home Office online service via a share code provided by the applicant. Since September 2022, landlords can also use Identity Document Validation Technology (IDVT) through certified providers for British and Irish citizens, allowing for digital verification without needing to see the original physical document. It's vital to ensure any IDVT service used is certified.

Record Keeping and Reporting Obligations

Accurate record-keeping is paramount for Right to Rent compliance. For each check, landlords must make a clear copy of the identity document(s) seen, noting the date of the check and who performed it. These records must be retained for the duration of the tenancy and for at least one year after the tenancy ends. This is crucial for establishing a 'statutory excuse' against civil penalties if an occupier is later found not to have a right to rent. If a follow-up check reveals that a tenant no longer has the right to rent, or if an applicant fails the initial check, landlords have a legal obligation to report this to the Home Office. Failing to report can result in serious penalties for the landlord.

Regional Variations: Scotland, Wales, and Northern Ireland

The Right to Rent scheme is specific to England. It was introduced under the Immigration Act 2014 and extended by the Immigration Act 2016, but its provisions only apply to residential tenancies in England. Landlords and letting agents operating in Scotland, Wales, or Northern Ireland are not required to carry out these immigration checks. Devolved governments in these nations have their own distinct legislative frameworks governing private residential tenancies, which do not include an equivalent Right to Rent scheme. Therefore, landlords with properties solely in these regions should not perform these immigration checks, as doing so could potentially lead to discrimination claims. Always confirm the specific legal requirements for the jurisdiction in which the property is located.