Ensuring tenants have the legal right to rent in the UK is a crucial responsibility for landlords. The Right to Rent check is a legal requirement introduced under the Immigration Act 2014, which mandates that landlords verify tenants’ immigration status before granting tenancy. It is a measure designed to prevent illegal immigration and ensure that only those with the legal right to stay in the UK can rent property.
Failure to comply with these checks can result in significant penalties, including fines or imprisonment, which can have serious financial and legal consequences for landlords. By following the correct procedures, landlords can protect themselves from legal trouble while maintaining a responsible and fair renting process.
This guide will explain how landlords can properly check tenants’ Right to Rent, which documents are required, the penalties for non-compliance, and recent legal updates to help landlords stay compliant.
What is the Right to Rent Check and Why is It Important?
The Right to Rent check is a legal obligation requiring landlords to confirm that prospective tenants have the right to reside in the UK before renting out a property. This law applies to all private landlords, letting agents, and homeowners who let property in England.
Why is it important?
- Ensures landlords comply with UK immigration laws: Landlords are legally responsible for ensuring that tenants are eligible to rent in the UK.
- Helps avoid hefty fines and potential imprisonment: Failure to conduct Right to Rent checks can result in fines of up to £3,000 per tenant, and repeat offences can lead to criminal prosecution.
- Protects landlords from renting to ineligible tenants: Verifying Right to Rent prevents landlords from unknowingly housing individuals without legal status.
- Encourages fair and legal rental practices: Right to Rent ensures that the rental market remains fair, transparent, and legally compliant.
Landlords who fail to conduct these checks may face legal action and financial penalties from the Home Office. Therefore, it is crucial to follow the correct procedures and keep proper records.
How Can Landlords Check Tenants’ Right to Rent Status?
Landlords must follow a step-by-step process to verify a tenant’s Right to Rent. Conducting a proper check helps landlords stay compliant with UK laws and avoid fines.
Steps to check tenants’ Right to Rent
- Request original documents: The tenant must provide proof of their immigration status, such as a passport, visa, or biometric residence permit. These documents serve as official proof of legal residency.
- Check validity: Landlords must ensure that the documents are genuine, unaltered, and belong to the prospective tenant by carefully examining photographs, expiry dates, and watermarks.
- Make copies: Clear copies of all documents must be taken, ensuring that all relevant details, such as name, date of birth, and visa status, are visible.
- Record the date of the check: Landlords must document the date the check was conducted, as this information may be required for legal purposes.
- Follow up on time-limited checks: If a tenant has a visa with an expiration date, landlords must conduct a follow-up check before it expires to confirm ongoing eligibility.
- Use the Home Office online service: For tenants with digital immigration status, landlords can use the Right to Rent online checker provided by the Home Office for faster verification.
By following these steps, landlords can ensure they are meeting their legal responsibilities and protecting themselves from potential penalties.
What Documents Do Tenants Need for a Right to Rent Check?
Tenants must provide at least one of the following original documents to prove their Right to Rent. Acceptable documents vary based on the tenant’s immigration status.
Accepted Documents for Right to Rent Checks
| Document Type | Examples | Additional Notes |
| British or Irish Citizens | UK passport, Irish passport, Birth certificate + National Insurance proof | No follow-up checks required. |
| Non-UK Nationals | Biometric residence permit, Immigration status document, Visa with valid leave to remain | Must check expiry dates. |
| EU, EEA, and Swiss Nationals | EU Settled/Pre-settled status (checked online) | Landlords must request a share code from the tenant. |
| Others with Home Office permission | Certificate of Application, Asylum Registration Card | Home Office verification may be required. |
For digital status checks, landlords must request a share code from the tenant and verify it through the Home Office’s Right to Rent online service. This ensures that the information provided is up-to-date and accurate.
What Happens if a Tenant Fails the Right to Rent Check?
If a tenant fails the Right to Rent check, landlords cannot legally rent the property to them, as doing so would violate UK immigration laws.
Steps to take if a tenant fails the check
- Inform the tenant that they do not meet the Right to Rent requirements and explain why.
- Deny tenancy to avoid legal consequences, as renting to an ineligible tenant is illegal.
- If the tenant is already renting, report them to the Home Office immediately to ensure compliance.
- Keep a record of the failed check, as this documentation may be required in case of an investigation.
Ignoring a failed Right to Rent check can result in severe penalties, including fines, legal action, and even imprisonment in extreme cases.
How often should landlords conduct a Right to Rent check?
- Before signing a tenancy agreement: The initial check must be completed before the tenant moves in to ensure they meet legal requirements.
- Follow-up checks: If a tenant has a time-limited visa, landlords must recheck their Right to Rent before their visa expires.
- No need for repeat checks: If a tenant has indefinite leave to remain, British citizenship, or EU settled status, no further checks are required.
Failure to conduct follow-up checks can result in penalties for landlords, as they are responsible for ensuring ongoing compliance.
How Can Landlords Conduct Right to Rent Checks Without Face-to-face Meetings?
With the rise of remote property management and digital verification, landlords may need to conduct Right to Rent checks without meeting tenants in person. Fortunately, UK law allows for online and digital verification in certain cases.
Ways to conduct Right to Rent checks remotely
- Use the Home Office online checking service: Tenants can generate a share code, which landlords can use to verify their Right to Rent status online. This method is official, secure, and legally recognised.
- Request certified copies of documents: If online verification is not possible, landlords can ask tenants to provide certified copies of passports, visas, or biometric residence permits.
- Schedule a video call for document verification: Landlords can video call tenants and ask them to hold up their original documents to confirm their identity. This method should be followed by requesting a scanned copy of the documents.
- Use government-approved identity verification apps: Some property management platforms offer ID verification tools that use facial recognition and AI-powered document verification.
- Keep detailed records: Regardless of the method used, landlords must maintain dated copies of all verified documents and store them securely.
By utilising digital verification methods, landlords can remain compliant with Right to Rent laws while providing a convenient and efficient process for tenants.
What Should Landlords Do if a Tenant Refuses to Provide Right to Rent Documents?
If a tenant refuses to provide the necessary documents, landlords must handle the situation carefully while ensuring compliance with UK law.
Steps to take if a tenant refuses to provide Right to Rent documents
- Politely explain the legal requirement: Some tenants may be unaware of the Right to Rent law, so landlords should clearly state that it is a legal obligation for renting in England.
- Reassure the tenant about data privacy: Some tenants may be hesitant due to privacy concerns. Landlords should explain that the information is only used for legal verification and will be stored securely.
- Offer to use the Home Office online check: If a tenant has digital immigration status, they can generate a share code for online verification, which eliminates the need to present physical documents.
- Set a reasonable deadline: If a tenant delays the process, landlords should set a clear deadline for submission to avoid unnecessary waiting.
- Refuse tenancy if the tenant does not comply: If the tenant continues to refuse to provide the necessary documents, the landlord cannot legally rent the property to them.
- Document the refusal: Keeping a written record of the tenant’s refusal can protect landlords from legal consequences if questioned by authorities.
A tenant’s refusal to provide Right to Rent documents is a serious issue, and landlords must follow legal procedures to avoid penalties or discrimination claims.
Conclusion
Right to Rent checks are a legal obligation that landlords must perform before renting out their properties. Conducting these checks ensures compliance with UK immigration laws and prevents landlords from facing legal action and financial penalties.
By following a structured process, keeping records, and using digital tools for verification, landlords can avoid penalties and ensure fair, legal renting practices.
FAQs About Check Tenants Right to Rent
How long does a Right to Rent check take?
A physical document check can be completed in a few minutes, while Home Office online checks may take a few days.
Can a landlord refuse a tenant based on Right to Rent?
Yes, if the tenant fails the check, the landlord must legally refuse tenancy to avoid breaking the law.
Do all tenants need a Right to Rent check?
Yes, all tenants aged 18 or over must undergo the check, regardless of nationality.
Is a Right to Rent check required for short-term rentals?
Yes, even short-term lets require Right to Rent verification under UK law.
What if a tenant’s visa expires after moving in?
Landlords must conduct a follow-up check before the visa expires to confirm ongoing eligibility.