What are Right to Rent checks?

Right to Rent checks involve verifying that a prospective tenant has the legal right to reside in the UK before granting them a tenancy. The scheme applies to all adults living in a property within the private rented sector as their only or main home, regardless of whether they are named on the tenancy agreement. It requires landlords to review and retain copies of specific identification documents for their records.

These checks are not optional and apply to most private landlords renting property in England. They also extend to letting agents where responsibilities are formally delegated.

Who needs to conduct Right to Rent checks?

The scheme applies to all adults living in the property as their main or only home, regardless of whether they are listed on the tenancy agreement. By conducting these checks, landlords help confirm a tenant's immigration status and reduce the risk of unknowingly renting to illegal tenants.

Landlords are required to review specific identification documents to confirm the tenant’s right to reside in the UK when vetting those looking to rent. Prospective tenants must share these documents with their landlord who must then be copied and retained securely for record-keeping purposes. The responsibility for these checks applies directly to most private landlords, though they can formally delegate the task to letting agents. However, even when delegated, landlords remain accountable for compliance with the Right to Rent scheme.

Right to Rent checks form part of the broader legal framework for managing privately rented accommodation and are intended to prevent unlawful access to housing.

Who is exempt from the Right to Rent?

Certain individuals are exempt from Right to Rent checks, simplifying the process for landlords. British and Irish citizens can provide traditional documents, such as a passport, without needing Home Office permission. Exemptions also cover those in local authority or charity-arranged housing, specific student accommodation, and long-term residents in care homes or hospitals. These exemptions allow landlords to focus on checks where they are required, aligning with current regulations.

Steps to conducting a Right to Rent check

Conducting a Right to Rent check involves four main steps:

• Obtain documents: ask the tenant to provide one or more acceptable documents that confirm their right to rent. For UK citizens, this might include a passport, driving licence or UK birth certificate. For non-UK citizens, documents such as a biometric residence permit or a valid visa may be required. A full list of acceptable documents is available from the Home Office.
• Check the validity of documents: review the documents provided by the tenant carefully. Confirm that the details match the person presenting them, including the photograph, date of birth, and any other identifying information. Look for signs of alteration or forgery, such as inconsistencies in text or unusual document features. If a document appears invalid, you should not proceed with the tenancy.
• Make copies and record the check: make clear and legible copies of the documents and record the date the check was completed. Copies should include all relevant details, such as passport numbers and expiry dates. These records must be stored securely for at least one year after the tenancy ends to comply with legal obligations.
• Repeat checks (when applicable): if a tenant’s right to rent is time-limited, further checks must be conducted before their current permission expires. Failing to do so could leave you liable for penalties. Set reminders to help manage follow-up checks effectively.

What happens if a tenant fails a Right to Rent check?

If a prospective tenant is unable to provide acceptable documents proving their right to rent, the tenancy cannot proceed. Landlords must carefully review the tenant's documents during the Right to Rent process to confirm their validity and confirm the tenant’s legal status to occupy residential accommodation in the UK. Failing to verify these documents accurately could lead to legal consequences for the landlord should they continue with the tenancy.

In situations where a tenant is unable to provide valid proof, landlords may need to notify the Home Office, especially if there are indications of fraudulent activity or illegal residency. This step helps landlords comply with their legal responsibilities and addresses cases where a tenant may be attempting to occupy residential accommodation without lawful status.

For existing tenants who lose their right to rent during the tenancy, landlords must follow proper legal procedures to terminate the agreement. This process requires careful adherence to relevant housing and immigration regulations to avoid potential liabilities or disputes.

Penalties for non-compliance

Non-compliance with Right to Rent obligations can result in penalties, including civil fines and, in more severe cases, criminal prosecution. The maximum fine for renting to someone without the right to reside in the UK is £20,000 per tenant. Criminal charges may apply if a landlord is found to have knowingly rented to an illegal migrant. Beyond financial penalties, landlords risk reputational damage, which may affect future lettings.

Using the Home Office online checking service

For tenants who cannot provide physical documents or have an ongoing immigration application, landlords can use the Home Office’s online checking service. This service is free and provides a quick and reliable way to confirm a tenant’s right to rent. To use the service, tenants must provide a share code and their date of birth. Landlords can then access their status online and record the outcome as part of their compliance process.

Best practices for landlords

To simplify the Right to Rent process and minimise risks, consider adopting the following practices:

• Incorporate checks into your tenancy application process. this avoids delays once a tenant is selected.
• Communicate clearly with tenants. provide a list of acceptable documents early in the process so they have time to prepare.
• Stay informed. keep up to date with changes to immigration rules and guidance to avoid unintentional non-compliance.
• Use digital tools. software solutions or digital checklists can help streamline record-keeping and set reminders for repeat checks.

How have recent legal changes impacted Right to Rent obligations?

Recent legal developments have introduced changes to Right to Rent obligations, directly affecting the processes landlords must follow when renting property. Adjustments stemming from Brexit and post-COVID-19 verification updates have reshaped the requirements for both landlords and tenants.

For example, EU citizens with settled or pre-settled status must now confirm their right to rent property through the EU Settlement Scheme. This typically involves using the Home Office’s online checking service, a system designed to verify permission to live in the UK. Unlike the more flexible virtual checks temporarily allowed during the pandemic, these must now be replaced with in-person document checks or the approved digital process. For most landlords, this means returning to physical document inspections as the standard approach.

British citizens remain exempt from these newer online verification methods. For these tenants, landlords can rely on traditional document checks, such as a valid passport, to confirm their Right to Rent status. However, landlords should continue to monitor updates, as further changes could impact future requirements.

How AST Assistance can support you

With evolving laws and requirements, AST Assistance provides tailored guidance to help landlords meet their Right to Rent obligations consistently and efficiently. Whether you’re managing multiple properties or working with tenants from varied backgrounds, our team provides clear advice on acceptable documentation and practical support for setting up compliant procedures. We also monitor changes in Right to Rent legislation, helping landlords adapt seamlessly to new requirements. By partnering with AST Assistance, you can confidently manage your properties, knowing that your checks are thorough, compliant, and aligned with current legal standards.

Find out how we can support you in all aspects of your tenant screening process by calling 01706 619954 or filling out our contact form.