Right to rent checks are a legal requirement for all private landlords in England. Failure to carry out the checks correctly can result in a civil penalty of up to £20,000 per tenant, or criminal prosecution in serious cases.
What are Right to Rent Checks?
Right to rent checks are a requirement under the Immigration Act 2014. Before granting a tenancy, landlords must check that all adult occupiers have the right to rent in England. This means checking that they have a legal right to live in the UK.
Who Must be Checked?
All adults (aged 18 and over) who will be living in the property must be checked, regardless of whether they are named on the tenancy agreement. This includes:
How to Carry Out the Checks
There are two ways to carry out right to rent checks:
Manual checks: The landlord checks original documents in person. Acceptable documents include UK passports, EU settlement scheme documents, biometric residence permits, and other specified documents.
Online checks: For tenants with a share code from the Home Office, landlords can carry out the check online using the government's right to rent checking service.
When Must the Checks be Carried Out?
Checks must be carried out before the tenancy starts. They cannot be carried out retrospectively.
Follow-Up Checks
For tenants who have a time-limited right to rent (e.g., those on a visa), follow-up checks must be carried out when the right to rent is due to expire. The timing of follow-up checks depends on the type of document provided.
Record Keeping
Landlords must keep copies of all documents checked and the date the check was carried out. Records must be kept for at least one year after the tenancy ends.
RentersComply's Right to Rent Manager tracks all checks, reminds you of follow-up check dates, and stores copies of all documents securely.