Right to Rent Checks – What Does it Mean For Landlords in Central London?

It is a legal requirement for landlords in England to check their tenants’ right to rent in the UK. Checking the right to rent means checking the immigration status of all potential tenants. This process must take place before a new tenant takes up residence and there are stiff penalties if you don’t follow the law.

While the rules apply to all tenants in England, people renting out property in central London need to take particular care. As a leading world city which draws people from across the globe to work, study or just visit, London attracts tenants from diverse nationalities.

Quite simply, the immigration status of your tenants can’t be taken for granted. To avoid discrimination, you must carry out a right to rent check for all your tenants, whether or not you believe them to be British citizens.

In addition, the rules have changed in recent years with the introduction of online checks and share codes. If you are thinking of renting out property in Marylebone, Mayfair, Camden or Regents Park – or you’re looking for a new tenant – read our guide to checking your tenants’ right to rent.

What is the right to rent scheme?

The right to rent check involves checking that each prospective tenant has the legal right to live in the UK.

On the landlord’s side, this entails seeing the tenant’s identity documents and if they’re from outside the UK and Ireland, proof that they are allowed to live in the UK. You must do this before you rent out any property in England, or you could attract a penalty.

Who is responsible for checking a tenant’s right to rent?

The responsibility for the checks falls to landlords and you must carry them out for all tenants over 18, whether or not they are named on the tenancy agreement. However, you can seek professional help with carrying out the checks.

Can a letting agent check right to rent for me?

Yes, two thirds of landlords use their letting agents for right to rent checks, according to government research. You can ask your letting agent to carry out the checks on your behalf, but you must set this out in writing. Set out who will undertake follow-up checks on tenants with time-limited right to rent, too.

How do I check a tenant’s right to rent?

All adult tenants living at the property must undergo a right to rent check. This means all tenants, not just those you suspect to be foreign nationals. It is illegal to discriminate against people because of their nationality or race when carrying out the checks.

You have two options when it comes to carrying out a right to rent check – using a government share code or checking documents manually.

What permitted documents must be checked for right to rent?

Only certain documents are accepted as proof of right to rent. These will depend on the tenant’s citizenship and status, and can include:

• A UK passport
• UK birth certificate and driving licence
• An Irish passport or passport card
• A certificate of British citizenship by naturalisation
• An EEA (European Economic Area) or Swiss ID card or passport
• A valid UK visa or proof of settlement status
• A Home Office eVisa for EEA citizens accepted via the EU Settlement Scheme

If there’s a time limit associated with their Right to Rent, check no earlier than 28 days before the start of the tenancy. To protect yourself if you’re asked for evidence, record the date of the check and keep copies of the tenants’ documents safely stored for at least 12 months after the tenancy ends.

How do I check my tenant’s right to rent with a share code?

You can use the share code system for tenants who have a biometric residence card or permit, settled or pre-settled status or who have applied for a visa using the UK Immigration: ID Check app.

You will need the tenant’s:

• date of birth.
• share code – emailed to you or given to you by the tenant.
• You can check your tenant’s status online using this information.

Want to know more?  You can also read about renting to students in Central London, discover tips on right to rent checks for London landlords and explore renting out a property for the first time.

How do I check a tenant’s right to rent manually?

To check their right to rent manually, you need to ask for original documents (not copies) for each of your tenants aged over 18, showing that they have the right to rent in the UK.

If your tenants are UK or Irish citizens, this normal means their passport or birth certificate. Find out more about the list of acceptable documents you can use on the government website.

To check the documents you must ensure that they are:

• originals, not copies.
• not damaged or altered.
• stating that the tenant has permission to stay in the UK and that this time has not elapsed.

You must also check:

• the tenants are identifiable from the photographs.
• that the documents include the correct date of birth.
• that they include the names you have been given, unless there is supporting information of a name change, e.g. a marriage certificate.
• that non-UK immigration documents and passports have a Home Office endorsement, e.g. an official stamp.

How often do I need to check my tenant’s right to rent?

In some cases, you will need to do follow up checks on your tenant. You must do this if your tenant has the right to rent in the UK, but only for a limited time.

Do your follow up check at the end of the period of permission to stay or a year after the previous check, whichever is later. Failing to carry out follow up checks can lead to a fine.

What are the penalties for not checking a tenant’s right to rent?

If you don’t carry out right to rent checks for every resident aged 18 and above, you could face 5 years in prison or be fined up to £10,000. If you’ve received a civil penalty in the past, this rises to £20,000.

If you are a central London landlord who would like help with your legal responsibilities including the right to rent checks, please contact us. We’d love to talk to you about how we can make renting out your property in Fitzrovia, Baker Street, St John’s Wood or Primrose Hill as smooth as possible.