Right to rent checks: A guide for landlords
Right to rent checks have been mandatory for landlords and letting agents since February 2016. Landlords must ensure that before a tenancy can be agreed or begin, they have proved that a tenant is in the UK legally, and has the right to rent a residential property. Landlords are liable for significant fines if checks are not made, or tenancies commence with tenants who fail the checks.
There has been a recent significant change to the way tenants prove their immigration status. From 1 July 2021 all EEA (European Economic Area) citizens without settled status are no longer able to use EEA passports or national identity cards as proof of their legal right to live in the UK, but are required to provide digital evidence via the Home Office’s online right to rent service.
EEA nationals can rely on settled or pre-settled status granted under the EU settlement scheme.
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What is the right to rent scheme?
The right to rent scheme compels landlords to check that a prospective tenant for privately rented accommodation has a legal right to be in the UK. Checking the immigration status of a potential tenant is a legal requirement for all landlords.
When did right to rent come into effect?
The right to rent check came into force in England in February 2016, following the passing of the Immigration Act 2014. It is not yet applicable in Scotland, Wales and Northern Ireland. It is only applicable for tenancies that began in or after February 2016.
Is right to rent a legal requirement?
Yes. All tenants aged 18 or over need to be checked, even if they are not named on the tenancy agreement.
Who is responsible for right to rent checks?
Landlords are responsible for checking the immigration status of prospective tenants in the private rented sector. Checks should also be undertaken by the following:
- An occupier allowing a lodger to live in a property
- A tenant sub-letting part or all of a property (this responsibility can be passed over to a landlord providing both parties have agreed in writing)
- A letting agent appointed in writing by a landlord to take responsibility for complying with the right to rent scheme
What is included in right to rent checks?
Landlords need to be aware that different documents are required depending on the tenant’s nationality. There are also different ways to check those documents. But it is important to stress that landlords should conduct right to rent checks on all prospective tenants, regardless of their nationality, and therefore not be vulnerable to accusations of discrimination.
These are the criteria for the right to rent checks:
- UK and Irish citizens – manual inspection of passport, driving licence or UK birth certificate
- EU, EEA, Swiss citizens – landlords should use the Home Office online service to check a tenant’s documents. You will need to ask for their date of birth and a ‘share code’
- Citizens from outside the EU and EEA – to check on immigration status landlords should again use the Home Office online service
What types of tenants need to be checked?
All tenants applying for a tenancy in the private rented sector need to be included in right to rent checks. This includes any other adults who will be living in the property, even if they are not named on the tenancy agreement. Children under the age of 18, or guests who are not contributing rent, do not need to be checked.
There will be some tenants who will be exempt from the checking service.
Landlords are not legally required to check tenants who will be living in these types of accommodation:
- Social housing
- A care home, hospice or hospital
- A hostel or refuge
- A mobile home
- Student accommodation
Who can occupy residential accommodation?
Once a right to rent check has been completed, it is useful to know what status this confers on the tenant.
Those with an unlimited right to rent
If you are a British citizen, Irish citizen or have permission to be in the UK. An EU, EEA or Swiss national who has been granted indefinite leave to remain in the UK under the EU settlement scheme also has an unlimited right to rent in England.
Those with a time-limited right to rent
People who have been given leave to enter or remain in the UK for a limited period. These tenants have a limited right to rent in England. Their status should be checked within 28 days of their right to reside expiring.
No right to rent
A person has no right to rent if they do not have valid leave to enter or remain in the UK, and have not been granted discretionary permission to rent by the Home Office.
Home Office permission to rent
Prospective tenants whose immigration status disqualifies them from renting may be under the impression that they have the permission to rent. In these circumstances where there is doubt regarding a prospective tenant's right to rent, landlords should consult the Landlords Checking Service for verification from the Home Office.
Ways to evidence a right to rent
Landlords and letting agents should understand how to check the evidence provided by tenants.
Manually check right to rent documents
For UK and Irish citizens a passport or birth certificate can be used – but only original copies. The documents should be checked with the prospective tenant present.
Use the Home Office right to rent service
For EU, EEA and Swiss nationals, and citizens from outside the EU and EEA, the landlord should request a ‘share code’ from the prospective tenant so that a digital check can be made. Landlords and letting agents should visit https://www.gov.uk/view-right-to-rent, enter the share code together with the person’s date of birth.
What are the penalties for having illegal tenants?
Landlords can be fined up to £3000 for renting to an individual who does not have a right to rent, or fails a right to rent check. The Home Office will serve a referral notice with an information request for evidence that the necessary checks were carried out. Landlords who can show that they did carry out the correct right to rent checks will be able to mount a defence.
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