Right to rent checks: a complete landlord guide

Why it matters

Failing to conduct proper Right to Rent checks can lead to severe consequences for landlords, including unlimited fines and even imprisonment. It is not merely a bureaucratic step; it is a fundamental legal duty designed to uphold immigration laws. Non-compliance can also complicate future dealings with authorities and insurers, impacting your reputation and financial standing. Ensuring diligent checks protects you from potential legal and financial repercussions, fostering responsible tenancy management.

Legal requirements

• You must conduct a Right to Rent check for every adult occupier aged 18 or over, whether named on the tenancy agreement or not, who will use the property as their main home.
• Checks must be performed before the tenancy agreement begins.
• You must verify the tenant's original identity documents or use approved digital identity verification technology provided by an identity service provider.
• For those with an immigration status that can be checked online, a share code from the tenant must be used to perform the check via the UK government's online service.
• A clear copy of each checked document or a record of the online check result must be retained for the duration of the tenancy and for one year thereafter.
• Follow-up checks are required for tenants with a time-limited right to rent, to be conducted before their current permission expires.
• You must not discriminate against prospective tenants on the basis of their nationality or immigration status, but you must still apply the check process consistently.
• If using a letting agent, a written agreement must clearly stipulate who is responsible for conducting the checks; otherwise, responsibility defaults to the landlord.
• Report any tenant who no longer has a right to rent to the Home Office, unless they have a pending appeal or administrative review.
• The Right to Rent scheme applies only in England; different rules may apply in other UK nations.

Common mistakes

• Not checking every adult occupier, including those not named on the tenancy agreement, who will live at the property.
• Accepting photocopies or expired documents instead of original, valid identification for manual checks.
• Failing to conduct follow-up checks when a tenant has a time-limited right to rent, leading to their status expiring unnoticed.
• Assuming a letting agent is responsible for checks without a clear written agreement, leaving the landlord legally exposed.
• Conducting checks after the tenancy has already begun, which negates the statutory excuse.
• Only checking non-UK nationals and omitting checks for UK citizens, which constitutes discrimination.
• Not retaining adequate records of checks, including copies of documents or online check results, making it impossible to prove compliance.
• Failing to report a tenant whose time-limited right to rent has expired and who has no pending application or appeal.

Practical guidance

• Before advertising, ensure you understand your obligations fully, particularly if the property is in England.
• At the initial inquiry stage, inform all prospective adult occupiers aged 18 or over that Right to Rent checks will be a mandatory part of the application process.
• Collect initial details from all prospective adult occupiers including their full names and estimated move-in date.
• For prospective tenants who can provide physical documents, arrange a meeting to inspect the original documents in the presence of the individual.
• For those with an immigration status that can be checked online, request their date of birth and the share code they obtain from the government website.
• Use the government's online service with the share code to perform the online check and save a copy of the result.
• Make clear, legible copies of all physical documents, noting the date the check was conducted and by whom, and store them securely.
• Ensure all checks are completed and verified *before* any tenancy agreement is signed or the tenant moves into the property.
• Set a reminder for any required follow-up checks for tenants with time-limited immigration statuses.
• If using a letting agent, ensure your written agreement clearly assigns responsibility for conducting and recording Right to Rent checks.

Who needs a Right to Rent check?

Every adult aged 18 or over who will use the property as their only or main home must undergo a Right to Rent check. This applies equally to individuals named on the tenancy agreement and any other adults residing at the property, including dependents, adult children, or other family members. The obligation falls on the landlord, even if the tenant subsequently sublets a room; the original landlord is still responsible for checking the initial tenants. If a tenant introduces a new adult to live at the property during the tenancy, the landlord must conduct a check on that new occupier before they move in. This ensures comprehensive coverage and prevents loopholes, reinforcing the core purpose of the legislation. Do not make assumptions about nationality or immigration status, as this can lead to discrimination claims. A consistent approach for everyone is essential.

How to conduct a Right to Rent check

There are two main methods for conducting a Right to Rent check. The first involves manually checking original physical documents from an approved list. You must visually inspect the documents, verify they belong to the individual, and ensure they are valid. This requires the tenant to be physically present or for you to use a video call, where you must see the original document. The second method, and increasingly common one, is the online check. This applies to individuals who have an immigration status that can be checked online, which includes most non-UK nationals and increasingly, UK citizens with digital identity documents. The tenant provides a 'share code' obtained from the government's online service. You then use this code, along with their date of birth, on the government's dedicated landlord checking service to verify their right to rent. Retain a clear record of whichever method you use, including copies of documents or printouts of online check results. Further details can be found on our page 'Right to Rent checks for landlords'.

Record keeping and follow-up checks

Accurate and diligent record keeping is paramount for maintaining a statutory excuse. For every check, you must keep a clear copy of the documents inspected or a record of the online check result. This record should include the date the check was carried out, by whom, and a note stating that you saw the original document or performed the online check. These records must be retained for the entire duration of the tenancy and for at least one year after it ends. For tenants with a time-limited right to rent, follow-up checks are crucial. These must be conducted before their existing right to rent expires. Failing to perform a timely follow-up check can result in the loss of your statutory excuse, potentially exposing you to penalties. Proactive diary management is therefore essential to ensure compliance with these ongoing obligations. If a tenant's right to rent expires and they have no pending application or appeal, you must report this to the Home Office.

Penalties for non-compliance

Failure to comply with Right to Rent legislation carries serious penalties. If you are found to have rented to a person who does not have a legal right to rent in England, and you cannot demonstrate that you performed the correct checks, you could face an unlimited fine or imprisonment for up to five years. Civil penalties can be issued for less severe breaches, such as failing to conduct a follow-up check, ranging from a warning notice to a civil penalty notice which can be substantial. The Home Office takes these breaches very seriously. Your statutory excuse, which protects you from these penalties, is only valid if you have followed the prescribed checking process diligently and without discrimination. It is therefore critical to understand and implement the requirements fully to safeguard yourself from severe legal and financial repercussions.

Right to Rent in Scotland, Wales, and Northern Ireland

The Right to Rent scheme, introduced under the Immigration Act 2014, applies only in England. This means landlords letting property in Scotland, Wales, or Northern Ireland are not subject to these specific checks. Landlords in these devolved nations are still required to comply with all other applicable tenancy laws, which may differ significantly from those in England. For example, specific registration requirements or tenancy types might apply. However, the requirement to verify a tenant's immigration status before granting a tenancy does not extend beyond England. Landlords operating across different parts of the UK must be acutely aware of these jurisdictional differences and ensure they adhere to the precise legal framework of the nation in which their property is located. Always verify the specific requirements for your property's location.