Last updated 24 January 2024 - New code of practice, new date for increased financial penalties

Right to rent guide: What you need to know

The Immigration Act 2014 introduced the concept of 'right to rent' to the private rented sector in England. This requires landlords and agents to check the immigration status of their prospective occupiers at the outset of the tenancy.

Before you allow a new adult to occupy your property, a 'right to rent' documents check must be completed to establish that they have a right to reside in the UK.

Anyone without the right to rent is disqualified from renting and cannot be permitted to occupy your property.

Understanding your legal obligations when it comes to right to rent checks can be difficult, especially if you're a new landlord. That's why the NRLA has produced a number of pre-tenancy resources for landlords that provide everything from digestible overviews of right to rent legislation to guidance on the various ways to check prospective occupiers.

Originally, failure to comply could lead to a fine, however as of 1 December 2016, the government introduced additional penalties relating to right to rent. Landlords now face potential imprisonment for failure to check the occupier's right to rent status, so it's essential you do it correctly every time.

If you would like to speak to someone about a right to rent check, the Home Office's Landlords’ Helpline is available on 0300 790 6268.

Become a member of the NRLA for access to exclusive discounts on a huge range of products and services, as well as expert landlord advice and guidance whenever you need it.

New code of practice

The government regularly updates its code of practice for landlords as regulations or practices change. This sets out various information including:

• How to perform a right to rent documents check
• Which occupants need to be checked
• How to avoid discriminating when performing a right to rent check
• The penalties that can be charged

Does right to rent apply to all tenancies?

Right to rent applies to almost all private sector landlords in England. However, there are some exemptions.

Right to rent does not apply to:

• Holiday lets
• Lettings where it is not the tenant's main home
• Tenancies of more than 7 years where there is no break clause for the landlord
• Letting to students where the educational institution has placed the tenant in the property
• People whose accommodation is provided by their employer
• Mobile homes

Licences and lodger agreements fall under right to rent legislation and must have a right to rent check performed.

Who is responsible for performing a right to rent check?

The landlord would normally be responsible for performing a manual check, but you can pass on the obligation to your agent as part of a written agreement if you prefer.

This means that the agreement between you and your agent must specify who is responsible for performing right to rent documents checks. If the agreement is silent on this, then you will be responsible. You may wish to reconsider your current agreement as a result.

In addition to this, you can also use an identity service provider to perform the right to rent checks. However, the responsibility to retain the documents and check that the provider is capable of performing right to rent checks remains with you.

Right to rent responsibility transfer form

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27/09/2024

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Subletting tenants

Where a tenant sublets the property, they will usually be responsible for checking the right to rent status of their subtenants. However, you can perform the right to rent checks if it is expressly agreed with the tenant who is subletting that you will do so. You will not be liable for unauthorised subletting.

How to perform a right to rent check

As of 28th February 2023, there are a number of different ways to perform a right to rent documents check:

• Through a manual check
• Using Identity Document Verification Technology (IDVT) via an Identity Service Provider (ISP)
• Performing an online check via the Home Office checking service 
• Asking the Home Office to verify the prospective occupier has right to rent

This is usually done as part of the tenant referencing process.

Performing manual checks in person

If you're performing a manual right to rent documents check, you'll need to meet with the prospective occupier in person and make a copy of their identifying documents or right to rent forms.

To perform a manual check in person, you should: 

1. Establish the adults will live in the property as their only or main home.
2. Obtain the original versions of one or two documents from List A or B.
3. Check the documents are genuine and they have not been tampered with while meeting the prospective occupier in person or over a video call.
4. If you are satisfied the documents are genuine and they identify the occupier then make and retain copies of the documents. In your record of this, ensure you include the date on which the check has been made and whether or not a follow-up check will be required.
5. Sign the tenancy agreement after completing this right to rent check.
6. If your tenant has provided a document from List B they will have time-limited right to rent. Repeat steps 1-5 before their time-limited right to rent expires.
7. Retain copies of the document from List A or B until the tenant moves out. Get rid of them no later than 12 months after they move out.

For UK citizens, a current or expired passport will usually be enough to establish that the prospective occupier has the right to rent in the UK. However, you'll need to familiarise yourself with the documents that establish right to rent for those who do not have a UK passport.
 

Download our list of acceptable documents for establishing right to rent for further details.

List of acceptable documents for establishing right to rent

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20/12/2022

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You'll also need to check the documents carefully to ensure they're not fraudulent - the government has provided some sample documents and a guide on checking for fraudulent documents to help you out with this.

Landlords are simply expected to establish to the best of their abilities that the document is not fraudulent. Differing dates, obvious tampering, expired ID, etc., would be a clear cause for concern. If the original document looks to be genuine after inspection and you retain a copy of it, you will have a statutory excuse which will protect you against prosecution.

Using Identity Document Verification Technology (IDVT)

Rather than manually checking documents yourself, you may now use a certified digital identity service provider (IDSP) to establish right to rent.

These checks are performed via Identity Document Verification Technology (IDVT) rather than through face to face meetings with the occupiers and do not have any set requirements about how the check is performed.

To establish a statutory excuse, you should:

1. Use a certified IDSP to ensure it meets the Right to Rent scheme guidance and standards set out in the trust framework. The Home Office has published a list of certified providers that landlords can use for this.
2. Ensure that the documentation provided matches with the prospective occupant before granting the tenancy.
3. Retain copies of the IDVT results throughout the tenancy and for one year after the occupier leaves the property.

This service is available for use by all potential occupants.

Using the Home Office checking service

An online system for checking right to rent is now also available for entrants to the UK. This new system makes it significantly easier for landlords to check right to rent status but it is only available in some circumstances.

You will be able to use the digital service where the prospective occupier:

• Has a biometric residence card or permit
• Has settled or pre-settled status
• Applied for a visa and used the ‘UK Immigration: ID Check’ app to scan their identity document on their phone.

Entrants to the UK who have done this will enter their details on the government's site. They can then give access to you by providing their 'share code' and date of birth.

Once you have this information you can check their right to rent status by visiting https://www.gov.uk/view-right-to-rent and checking the details available on the page.

The details include a photograph of the person, so make sure you have seen the prospective occupier before checking this information.
 

How often do I need to check an occupier's right to rent information?

This will depend on whether you establish the occupant has a permanent or time-limited right to rent.

For those occupants who have a permanent right to rent, you need only check their documents once before the original tenancy commences.

For those with a time-limited right to rent, you need to keep a note of when the time limit on their stay expires and check shortly before this time limit expires. For example, if someone has a visa for 3 years, a follow-up check should be performed one or two months prior to it expiring.

However, you should be aware that a properly done right to rent check will always protect you from prosecution for at least 12 months. This means that a tenant who has a right to stay in the UK for six months can still be given a 12 month tenancy. Similarly, you only need to perform a follow-up check 10 or 11 months after your previous right to rent check.

What types of right to rent are there?

Right to rent has two different types which a potential occupant may prove to you

Permanent right to rent

These will be occupants who have established their right to rent through documents from List A (Groups 1 or 2). This includes:

• British nationals
• Irish nationals with a valid Irish passport
• People with settled status or a permanent residence card.
• EU, Swiss or EEA nationals who established their right to rent and entered into an original tenancy agreement before 1 July 2021.

Time-limited right to rent

Time-limited right to rent will typically be established through a document from List B or through IDVT. 

Nationals from some countries can also establish time-limited right to rent by providing you with a passport and proof of entry to the UK within the last six months. As of 1 July 2021 this can be done for nationals from the EU, EEA, Switzerland, Australia, Canada, Japan, New Zealand, Singapore, South Korea or the United States of America. 

Do I need to check UK nationals?

Yes. Amongst other things, the Equality Act 2010 prohibits discrimination on grounds of race (this includes colour, nationality and ethnic or national origins) so you must not discriminate against prospective occupiers:

• In your treatment of the person seeking the accommodation;
• By refusing to offer the accommodation; or
• In the terms by which the accommodation is offered

As a result, you need to check everyone or risk penalties for discrimination later on.

Visit the government website for further information on preventing discrimination during lettings.

Do I need to check children?

You are only expected to check occupants over the age of 18 before granting the tenancy.

However, if the adult occupants have a time-limited right to rent, then you should make a note of the ages of the children in the property. When performing a follow-up check, if any of the children have turned 18 since the last right to rent check, they will also need to establish their right to rent. 
 

What should I do if an occupier doesn't have any ID?

If the prospective occupier does not have any ID it is possible to have the Home Office perform a check for you. However, this is only available where: 

• the Home Office has their documents
• they have an outstanding case or appeal with the Home Office
• the Home Office told them they have ‘permission to rent’

This should be responded to within 2 working days with a clear 'Yes' or 'No.'

Should the answer from the Home Office be 'No' or the occupier has no ID, the occupier has no right to reside in the property. At this point, you should refuse to grant a tenancy.
 

What should I do if my occupier's right to rent has expired?

If you discover the occupier has lost or is about to lose their right to rent status, you should complete this form to the Home Office as soon as possible.

This report needs to contain the following:

• The full name of the occupier believed to have no right to rent
• The address of the premises they are occupying
• Name and contact address of the landlord
• Name and address of the agent (where relevant)
• The date that the occupier first took up occupation

In addition to this, you should take reasonable steps to remove the occupier from the property, if subsequent checks prove they have lost their right to rent status. 'Reasonable steps' can vary depending on the circumstances and the government has produced some guidance on reasonable steps you can take to end a tenancy.

If you or your agent are informed by the Home Office that the occupier has no right to rent, then you must take steps to evict as soon as reasonably possible.

What penalties are there for not completing a right to rent documents check?

As of February 2024, if you are charged with the civil offence of renting to someone without right to rent then you may be fined:

• £10,000 per occupier for the first offence, and £20,000 per occupier for any repeat offences; or
• £5,000 for the first offence and £10,000 for the repeat offence of letting a room to a lodger with no right to rent.

If you are charged with the new offence of allowing someone to let the property while being disqualified from renting in the UK, you can be tried in the magistrate or crown court. This carries an unlimited fine or potentially up to 5 years in prison.

The NRLA is led to believe that the new offence will be used for repeat offenders, while the old penalty will continue to be applied in most cases. Nevertheless, landlords and agents need to be very careful as they could easily be tried under either offence due to their similarity.
 

Can I avoid or appeal a penalty notice?

You are entitled to appeal against penalty notices, but will usually avoid receiving a civil penalty if you:

1. Carry out the initial checks before letting property to the tenant(s) and any other adult(s) who'll be living there and keep evidence that they've done so. 
2. Do a follow-up check if the initial check shows that someone has a limited right to rent and contact the Home Office if the second check shows that someone no longer has a right to rent.

This creates a statutory excuse and prevents prosecution.

You can also appeal on the grounds that you are not responsible. This would be when the agent or tenant has taken charge of the right to rent document checks.

For the criminal prosecution, in addition to performing the relevant checks on time, you maintain your statutory excuse by following the correct eviction procedure laid out in the previous section.
 

Join the NRLA for landlord support and advice when you need it most

At the NRLA, we know that understanding your legal obligations as a landlord can be difficult. That's why our landlord support team is on hand to offer you support and advice whenever you need it, giving you peace of mind throughout your tenancy and beyond.

As a member of the NRLA, you'll also be able to access our immigration and right to rent course at a discounted rate, where you’ll learn everything you need to know about immigration laws and right to rent checks.

Join today for right to rent guidance, general landlord support, and exclusive discounts on a wide range of products and services.