Right to Rent is a legal requirement that applies to every private landlord letting residential property in England. Before the start of a tenancy, a landlord must check that every adult who will use the property as their main home has the legal right to rent in the UK. Failing to carry out the check correctly, or failing to carry it out at all, can result in a civil penalty of up to £20,000 per tenant, or in serious cases a criminal prosecution. This article explains who must be checked, how to carry out the check, which documents are acceptable, and what follow-up checks are required.
What is the Right to Rent scheme?
The Right to Rent scheme was introduced under the Immigration Act 2014 and requires private landlords in England to check the immigration status of prospective tenants before granting a tenancy. The scheme applies to all new tenancies where the property is used as the tenant's main home. (Source: Checking your tenant's right to rent, GOV.UK.)
The scheme applies in England only. Different rules apply in Scotland, Wales, and Northern Ireland.
Who must a landlord check?
A landlord must check all adults aged 18 or over who will occupy the property as their main home, before the start of the tenancy. This applies even if the person is not named on the tenancy agreement, even if there is no written tenancy agreement, and even if the tenancy agreement is not in writing. (Source: Checking your tenant's right to rent, GOV.UK.)
It is a legal requirement to check all tenants without exception. A landlord must not carry out checks selectively based on a person's nationality, name, or appearance. Checking only people who appear to be foreign nationals is itself a form of unlawful discrimination. (Source: Checking your tenant's right to rent, GOV.UK.)
Which properties are exempt?
A landlord does not need to carry out Right to Rent checks for tenants in certain types of accommodation. Exempt accommodation includes social housing, student accommodation such as halls of residence, accommodation provided as part of a job, care homes, hospitals and hospices, hostels and refuges, mobile homes, and accommodation with a lease of seven years or longer. (Source: Checking your tenant's right to rent, GOV.UK.)
How can a landlord carry out a Right to Rent check?
There are three ways to carry out a Right to Rent check. A landlord can check the tenant's original documents in person, use a registered Digital Verification Service to check documents digitally, or use the Home Office online checking service where the tenant has a share code. (Source: Checking your tenant's right to rent, GOV.UK.)
How to check original documents
Where a landlord checks original documents, they must check that the documents are genuine and belong to the tenant, with the tenant present. The landlord must check that photographs on the documents match the tenant, that dates of birth are consistent, and that the documents are not damaged or altered. If a tenant has different names across documents, supporting evidence such as a marriage certificate should be requested. (Source: Checking your tenant's right to rent, GOV.UK.)
The landlord must then make a clear copy of the relevant pages of each document and record the date the check was made. Copies must be kept for at least one year after the tenancy ends. (Source: Checking your tenant's right to rent, GOV.UK.)
Which documents are acceptable for British and Irish citizens?
A British or Irish citizen can prove their right to rent using a current or expired British passport, a current or expired Irish passport or passport card, or a certificate of registration or naturalisation as a British citizen. British and Irish citizens cannot get a share code and must have their original documents checked. (Source: Checking your tenant's right to rent, GOV.UK.)
Which documents are acceptable for non-British and non-Irish citizens?
Tenants who are not British or Irish citizens may be able to prove their right to rent using original immigration documents, a biometric residence card or permit, or a share code generated through the Home Office online service. A landlord cannot insist that a tenant use the online service if they have acceptable original documents. (Source: Checking your tenant's right to rent, GOV.UK.)
Biometric residence cards and permits cannot be accepted as physical documents for Right to Rent purposes. If a tenant has one of these, the landlord must ask for a share code instead and use the Home Office online checking service. (Source: Checking your tenant's right to rent, GOV.UK.)
What is a share code?
A share code is a code generated by a tenant through the UK Visas and Immigration online service that allows a landlord to view the tenant's right to rent status online. Share codes can be used by tenants who have a biometric residence card or permit, settled or pre-settled status under the EU Settlement Scheme, a visa obtained using the UK Immigration ID Check app, or an eVisa. (Source: Checking your tenant's right to rent, GOV.UK.)
To use a share code, the landlord visits the Home Office right to rent checking service online, enters the share code and the tenant's date of birth, and the service confirms whether the tenant has the right to rent. The landlord must keep a record of the result.
What if a tenant has a time-limited right to stay?
Where a tenant has a time-limited right to stay in the UK, for example, a visa with an expiry date, the landlord must carry out a follow-up check before the later of the end of the tenant's permission to stay or 12 months after the previous check. (Source: Checking your tenant's right to rent, GOV.UK.)
Where a tenant's permission to stay has a time limit, the initial check must be carried out in the 28 days before the tenancy start date.
If a follow-up check reveals that a tenant can no longer legally rent property in England, the landlord must report this to the Home Office using the online landlord reporting service. Failure to report can result in criminal prosecution with a sentence of up to five years in prison. (Source: Checking your tenant's right to rent, GOV.UK.)
What are the penalties for non-compliance?
A landlord who lets a property to someone who does not have the right to rent in England can be fined up to £20,000 per tenant. Where a landlord knew that a tenant did not have the right to rent, they may face criminal prosecution rather than a civil penalty. (Source: Checking your tenant's right to rent, GOV.UK.)
A landlord is not liable for a penalty if they can demonstrate that they carried out a correct check before the tenancy started and the check showed the tenant had the right to rent at that time. This is why keeping dated copies of all documents checked, or records of online checks, is essential. A landlord who carried out the check but cannot prove it has no statutory excuse.
What this means for landlords
Right to Rent checks must be completed before the tenancy starts for every adult occupant, without exception. Selective checking based on nationality or appearance is unlawful discrimination as well as an inadequate compliance record.
The check must be documented. Copies of documents or records of online checks must be kept for at least one year after the tenancy ends. A landlord who cannot produce evidence of the check has no statutory excuse if challenged.
Where a tenant has a time-limited right to stay, follow-up checks are mandatory. Missing a follow-up check exposes the landlord to the same penalties as failing to carry out the initial check.
Tenants with biometric residence cards or permits must be checked using the Home Office online service via a share code, the physical card cannot be accepted as a document.
This article is for informational purposes only and does not constitute legal advice.