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Right to Work checks, about which we have published an article that you can access here, seem to be more widely known than Right to Rent checks.

In fact, the Immigration Act 2014 introduced a responsibility for landlords, requiring them to verify that prospective tenants have the legal right to rent before entering into tenancy agreements. This aims to prevent illegal immigration by restricting access to privately rented housing for individuals without lawful status in the UK.

Who must be checked?

Landlords must check the immigration status of all adult tenants, regardless of nationality, before the start of a tenancy. This includes:

• Individuals renting a whole property or a room within a shared property.
• Lodgers living with a private landlord.
• Sub-tenants, if a tenant sublets the property without prior agreement from the landlord.

It does not matter whether the tenants are named on the tenancy agreement, or if the agreement is in writing. There are some exclusions.

Acceptable documents for Right to Rent checks

To verify a tenant’s right to rent, landlords must inspect and take copies of acceptable documents, which include:

• A British or Irish passport.
• A valid visa or residence permit for non-UK nationals.
• A certificate of registration or naturalisation as a British citizen.
• Documents proving a tenant has been granted settled or pre-settled status under the EU Settlement Scheme.

If a prospective tenant does not possess the required documents, landlords can use the Home Office’s online Right to Rent checking service with the tenant’s permission. We recommend that you click here to check if someone can rent your property.

How to conduct a Right to Rent check

The process for conducting a compliant Right to Rent check involves the following steps:

• Obtain original documents – The tenant must provide valid proof of their immigration status.
• Verify the authenticity of documents – Landlords should check that documents are genuine, consistent, and that the tenant’s appearance matches any photos.
• Make and retain copies – Landlords must keep clear copies of all checked documents and record the date the check was conducted.
• Follow-up checks if necessary – If a tenant has time-limited permission to stay in the UK, a follow-up check must be conducted before their right to rent expires.

Penalties for non-compliance

Failure to comply with Right to Rent requirements can lead to severe consequences, including:

• Civil penalties of up to £3,000 per tenant.
• Criminal liability, including fines or imprisonment for landlords who knowingly let properties to individuals without the right to rent.
• Reputational damage and potential loss of landlord licensing in regulated rental sectors.

Exemptions from Right to Rent checks

Some tenancies are exempt from Right to Rent checks, including:

• Social housing provided by local authorities.
• Student accommodation provided by educational institutions.
• Long lease agreements exceeding seven years.
• Care homes, hospices, and hospitals.

Conclusion

Landlords must take their Right to Rent obligations seriously to ensure compliance with the Immigration Act 2014. By implementing thorough checks and maintaining proper records, landlords can avoid legal consequences and contribute to the broader effort to prevent illegal immigration. As immigration rules are subject to change, landlords should stay informed about any updates and seek legal advice where necessary to ensure continued compliance.

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.

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