Before handing over the keys to a new tenant, landlords in England must carry out a right-to-rent check. It’s a legal requirement that helps ensure the person renting your property has permission to live in the UK.
While the process is straightforward, there are strict rules to follow, and missing a step could land you with a hefty fine. Here’s everything you need to know about right-to-rent checks, when to do them, and how to get them right.
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Why do you have to conduct a right-to-rent check?
The right-to-rent scheme is part of the government’s effort to control illegal immigration. It requires landlords to check that all adult tenants have the legal right to live in the UK before a tenancy agreement begins.
It applies to all landlords — including private individuals, letting agents, and companies — and covers any property that will be used as the tenant’s main home.
Who conducts a right-to-rent check?
The responsibility lies with whoever is granting the tenancy. That could be the landlord or the letting agent managing the tenancy on their behalf.
If you’re a landlord using a letting agent, make sure your agreement clearly states who is responsible for carrying out the check. Even if you’re using a third party, you may still be liable if it’s not done correctly.
Is it illegal not to do a right-to-rent check?
Yes. Failing to carry out the check, or doing it incorrectly, can lead to civil penalties of up to £3,000 per tenant. If you knowingly rent to someone who does not have the right to live in the UK, it could result in criminal charges.
That’s why it’s vital to understand the process and follow it carefully.
When should a right-to-rent check be conducted?
You should carry out the check:
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Before the tenancy begins
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When the property will be the tenant’s main or only home
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For all tenants aged 18 or over, even if they’re not named on the tenancy agreement
Ideally, the check should be done no earlier than 28 days before the tenancy start date. If the tenant’s right to remain in the UK is time-limited, you may need to follow up with additional checks during the tenancy.
What documents are used in a right-to-rent check?
You can carry out a manual check by inspecting original identity documents, or use the Home Office online checking service for eligible tenants.
Here are some of the key documents accepted for manual checks:
A passport
A valid UK or Irish passport confirms the tenant’s right to live and rent in the UK. For non-British citizens, you may need to check visa stamps or residence permits included with the passport.
Driving licence
A UK driving licence alone is not enough to prove the right to rent, but it can be used alongside other documents, such as a birth certificate or immigration status.
Birth certificate
A UK birth certificate can be accepted if shown alongside proof of residency, such as a letter from a government department or a benefits statement.
For the full list of acceptable documents, visit this website.
Share codes and non-British citizens
If your tenant is a non-British citizen, they may not have physical documents. Instead, they can provide you with a share code to access their immigration status online.
You’ll need:
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The tenant’s date of birth
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The share code (provided by the tenant)
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To use the official online portal
This digital check confirms whether the person has a valid right to rent and if there’s an expiry date on their status.
What should be considered in a right-to-rent check?
According to the latest guidance, you need to make sure:
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The documents are original and belong to the tenant
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The photos on the documents match the tenant in person
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The dates of birth are consistent and plausible
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The documents are not overly damaged or tampered with
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Any name differences between documents are explained with supporting paperwork (such as a marriage certificate)
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If the tenant is not a British or Irish citizen, their right to remain in the UK is still valid
You should keep a clear copy of all documents, note the date of the check, and store them securely for at least 12 months after the tenancy ends.
Do you need help with your lettings?
Right-to-rent checks are just one part of managing a tenancy properly, and it can feel like a lot to keep track of.
At Ellis & Co, our experienced letting agents are here to take the stress out of landlord compliance. We’ll handle checks, paperwork and tenancy management on your behalf, so you can focus on your property investment.
Whether you’re new to letting or growing your portfolio, we’re here to help.
