Right to Rent FAQs
WHAT ARE RIGHT TO RENT CHECKS?
The Right to Rent scheme is a legal requirement in England, introduced by the Immigration Act, that obliges landlords and letting agents to check the immigration status of adults before allowing them to occupy residential property. These checks apply only to residential property in England and not to Wales, Scotland or Northern Ireland. The scheme is designed to prevent individuals without lawful immigration status from accessing private rented accommodation.
Landlords must keep dated records of checks conducted on tenant documents to establish a statutory excuse against penalties.
WHO NEEDS TO USE RIGHT TO RENT?
Right to Rent checks are required only in England. They do not apply in Scotland or Northern Ireland, where different rental regulations are in place. Individuals who have the right to rent include British or Irish citizens, those with British or Irish citizenship, holders of indefinite leave to remain, those with refugee status, humanitarian protection, humanitarian protection settled status, student visa holders, and those with EU Settlement Scheme permission or other Home Office-granted visas.
Follow-up checks are required for tenants with time-limited rights to rent, typically within a year of the initial check.
WHAT’S THE PROCESS OF RIGHT TO RENT?
The process involves checking documents for each prospective tenant, which may include a manual right to rent check by examining original documents in person. Landlords may also need to verify an ongoing application with the Home Office. As part of the verification, landlords may request a Home Office reference number, registration documents, the tenant’s date of birth, or an Irish passport.
For tenants with a time limited or limited right to rent, such as those on a visa or with temporary permission, landlords must conduct a follow up check before the time limited right or leave to remain ends. This ensures continued legal tenancy. Landlords must consider the specific circumstances and take reasonable steps if a tenant’s right to rent expires; in most cases, less severe procedures are followed in line with government guidance.
Eligibility to rent property is based on the rent granted by the Home Office or through specific visas and permissions.
A right to rent check must be completed before a new tenancy begins. These checks are a legal requirement for anyone wishing to rent property in England.
WHY DO WE NEED RIGHT TO RENT CHECKS?
The Right to Rent scheme is a crucial aspect of the UK’s immigration enforcement, aiming to ensure that only individuals with the legal right to live in the UK can rent residential properties in England.
The Right to Rent check is a legally required process for all private landlords in England, including those who sublet their properties or take in lodgers. The check applies to all adult tenants, regardless of their nationality, and is designed to prevent illegal immigrants from renting properties in the UK. Landlords in England must comply with Right to Rent legislation established under the Renters’ Rights Act 2025, expanding enforcement powers and fine limits.
HOW DO I CONDUCT A RIGHT TO RENT CHECK?
To conduct a Right to Rent check, a landlord can request a prospective tenant’s passport, biometric residence card, or other acceptable documents to verify their immigration status. In some cases, a tenant may provide a share code, which can be used to conduct an online check.
