Right to Rent Checks: a Guide for London Landlords

Right to rent checks for landlords were introduced in 2016 and since then, there have been several updates to the requirements and processes involved. Landlords must make sure they know their obligations where right to rent is concerned, otherwise they could face serious penalties. 

Essentially, right to rent checks involve tenant document checks of immigration status that the landlord must ensure are carried out. As a landlord with property in Marylebone, Soho or any other area of England, it is essential that you understand right to rent requirements to comply with the legislation. Keep reading to find out what the latest rules are around right-to-rent checks. 

What are right to rent checks? 

Right to rent checks are checks private landlords in England must complete to check the immigration status of tenants, to ensure they have the legal right to rent property in England. There are different sets of acceptable right to rent check documents depending on the nationality of the tenant. 

What right to rent documents need to be checked? 

For British or Irish citizens 

Acceptable documents that must be checked as part to the process include: 

• British or Irish passport or passport card 
• Certificate of registration or naturalisation as a British citizen 

And then 2 documents from the following: 

• Current UK driving licence 
• UK birth certificate or adoption certificate 
• Isle of Man, Ireland, Jersey or Guernsey birth certificate or adoption certificate 
• A recent UK police letter about your passport theft, including the crime reference number 
• Letter from employer 
• Letter from your UK university, college or school indicating current enrolment and length of studies 
• DBS certificate 
• Letter from a UK local council  
• Letter from a UK government department (e.g. HMRC or DWP) 
• Proof of service in the UK armed forces 
• Letter from a housing scheme or charitable organisation 
• Confirmation of probation dated in the last 3 months 

For the full list, visit the gov.uk website. 

For non-British or Irish citizens 

• A share code 
• Original immigration documents endorsed by the Home Office (passport, immigration status document or travel document) 

What do the recent right-to-rent check rules say? 

Government guidance on the right to rent scheme and how to check documents to complete right to rent checks is explained in the online guide – Landlord’s Guide to Right to Rent Checks (issued 8 February 2024).  

The latest version has updated requirements added since right to rent checks started in the UK in 2016, notably updating the process for EEA and Swiss citizens. New rules were introduced in 2021 requiring EU/EEA citizens to prove they have “settled” or “pre-settled” status. 

It’s important to point out here that the legislation is for England only and doesn’t apply to landlords in Scotland, Wales or Northern Ireland.  

Who needs a right to rent check? 

Before any new tenancy, every tenant over the age of 18 must be checked to ensure they are legally allowed to rent your property. This applies even if there is no tenancy agreement or if the tenancy agreement is not written down. It also applies to landlords who are taking in lodgers or sub-letting. 

Who has a right to rent in the UK? 

The following individuals have the right to rent in the UK: 

• British or Irish citizens 
• Individuals with indefinite leave to remain (ILR) 
• Individuals with settled or pre-settled status under the EU settlement scheme 
• Individuals with permission to be in the UK such as with a study or work visa 
• Individuals with refugee status or humanitarian protection 
• Individuals who have a time limited right to rent granted by the Home Office 

What’s the process for checking a tenant’s immigration status? 

Step 1 – Check the tenant has a right to rent 

Firstly, check that the tenants fall under one of the categories listed in the previous section ‘Who has a right to rent in the UK?’. 

Step 2 – Request and check documents 

This process varies depending on the nationality of the tenant. For example, a British or Irish citizen would be able to provide a passport. In this case, the landlord must check the original copy and ensure that they belong to the tenant. 

Landlords are also able to use an online right to rent check using ID verification technology (IDVT) for digital checks on British and Irish citizens who have a valid passport. They can do this via a certified identity service provider (IDSP) under the UK Accreditation Service (UKAS). 

Online Share Codes 

Tenants who are not British or Irish citizens and have a visa, residence permit, or pre-settled or settled status, should obtain a right to rent share code from the Home Office. They will need to have a biometric residence card and a UK Visas and Immigration account. 

The landlord can then use this code to check the tenant has the right to rent property in England. 

Step 3 – Take photocopies 

If you have used the method that involves checking original documents, you will also need to take photocopies of the documents and record that date that you completed the checks. 

Want to know more?  You can also read about renting out a property for the first time, discover tips on landlord rights and responsibilities and explore landlord checklist for renting a home.

What If The Tenant’s Right To Remain In The UK Is Limited? 

For a tenant who only has a time-limited right to remain in the UK, the initial check must be carried out no earlier than 28 days before the start date of the tenancy (i.e., within the 28-day period leading up to the tenancy start).

You can use the Home Office right to rent checking service if they currently have your tenant’s documents. Should you find out your tenants lose the right to rent in the UK, you will need to evict them. 

Who needs to carry out the right to rent check? 

It is the landlord’s legal responsibility to ensure that right to rent checks are carried out. If they do not want to do the checks themselves, they can use a letting agent to complete the right to rent checks on their behalf but should keep a written agreement that this is the arrangement. 

What should landlords do if the tenant fails a right to rent check? 

You can’t rent to a tenant who doesn’t have the right to rent in the UK. Landlords have a legal duty to report tenants who fail their follow-up right to rent check to the Home Office.  

What happens if a landlord fails to comply? 

Compliance for landlords is essential, and failure to follow the rules on Right to Rent can mean a hefty fine of up to £20,000 per tenant, or even up to five years’ imprisonment. If you discover your existing tenant has lost the right to live in England, then you risk a fine or a prison sentence of up to 5 years if you don’t inform the Home Office. Penalties can escalate with repeat offences. 

Under the Immigration (Residential Accommodation) (Prescribed Requirements and Codes of Practice) (Amendment) Order 2020, landlords can use the Home Office’s online system to establish a statutory excuse against a civil penalty they have received. 

Right To Rent Check FAQs 

We can help 

If you’re worried about the responsibility of right to rent checks, the support of an experienced letting agent can alleviate your concerns. If you’re a tenant starting out, these questions to ask when viewing a rental property can help you find your feet. 

Here at Kubie Gold we are very familiar with the updated right to rent legislation and will work on your behalf to ensure a smooth tenancy for both yourself, and your tenant. If you’re a landlord in Camden, Fitzrovia, Mayfair, Primrose Hill or beyond – Get in touch with us today.