A landlord’s guide to right to rent checks
What is the right to rent scheme?
The right to rent scheme requires landlords to verify that a prospective tenant for privately rented accommodation has a legal right to be in the UK. Checking the immigration status of a potential tenant is a legal requirement for all landlords.
When did right to rent checks start?
The right to rent checks came into effect in England in February 2016, following the passing of the Immigration Act 2014. These checks are currently not applicable in Scotland, Wales, and Northern Ireland, and only apply to tenancies that began in or after February 2016.
Is right to rent a legal requirement?
Yes, all tenants aged 18 or over must be checked, regardless of whether they are named on the tenancy agreement.
Who is responsible for right to rent checks?
It is the landlords responsibility. Landlords must check the immigration status of prospective tenants in the private rented sector. This responsibility can also fall to:
- An occupier allowing a lodger to live in a property
- A tenant sub-letting part or all of a property (if agreed in writing with the landlord)
- A letting agent assigned in writing by a landlord to take responsibility for complying with the right to rent scheme.
What do right to rent checks involve?
Landlords should be aware that different documents are required depending on the tenant’s nationality. However, it is important to conduct right to rent checks on all prospective tenants, regardless of their nationality, to avoid accusations of discrimination.
The criteria for right to rent checks include:
UK and Irish citizens
A manual inspection of passport, driving licence, or UK birth certificate.
EU, EEA, Swiss citizens
Use the Home Office online service to check a tenant’s documents, requiring their date of birth and a 'share code'.
Citizens from outside the EU and EEA
Use the Home Office online service to check immigration status.
What types of tenants need to be checked?
All adults applying for a rental in the private sector must undergo right to rent checks, including those not listed on the tenancy agreement. Children under 18 and non-rent-paying guests are exempt. Certain accommodations, like social housing, care facilities, hostels, mobile homes, and student housing, are also exempt.
Who can occupy residential accommodation?
After completing a right to rent check, it's helpful to understand the status it grants to the tenant.
Unlimited right to rent
British and Irish citizens, as well as individuals with permission to stay in the UK, possess an unlimited right to rent. Likewise, EU, EEA, or Swiss nationals with indefinite leave to remain in the UK under the EU settlement scheme also enjoy unrestricted right to rent in England.
Time-limited right to rent
Individuals with leave to enter or remain in the UK for a limited period. These tenants’ status should be rechecked within 28 days of their right to reside expiring.
No right to rent
Individuals without valid leave to enter or remain in the UK, and who have not been granted discretionary permission to rent by the Home Office.
Home office permission to rent
Prospective tenants with a disqualifying immigration status may believe they have permission to rent. Landlords should use the Landlord Right to Rent Checking Service to verify this.
How to evidence right to rent
Landlords and letting agents should be familiar with the process of verifying the evidence provided by tenants.
Manually check right to rent documents
For UK and Irish citizens, landlords can use original passports or birth certificates. These documents should be checked with the prospective tenant present.
Use the Home Office right to rent service
For EU, EEA, Swiss nationals, and citizens from outside these areas, landlords should request a 'share code' from the prospective tenant for a digital check. Landlords can visit Home Office's right to rent service, enter the share code along with the person’s date of birth.
What are the penalties for having illegal tenants?
Landlords may face fines of up to £3000 for renting to an individual without a right to rent or who fails a right to rent check. The Home Office will issue a referral notice asking for evidence that the required checks were conducted. Landlords who can demonstrate that they carried out the correct right to rent checks can use this as a defence.
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At Haybrook, we are pleased to offer guidance on all aspects of the rental process, especially for those new to being landlords. If you're considering renting out your property, we're here to assist you with a complimentary valuation.
