If you’re a landlord in England, you must check that prospective adult tenants have the legal right to rent your property before their tenancy begins. Right to Rent checks apply to all prospective tenants aged 18 or over, regardless of their nationality – including British and Irish citizens.
The Right to Rent scheme applies in England only. Landlords in Wales and Northern Ireland do not need to carry out these checks.
How to carry out a Right to Rent check
How a tenant proves their Right to Rent will depend on their nationality and immigration status.
British and Irish citizens can usually prove their Right to Rent using an eligible identity document, such as a passport. Landlords can check original documents themselves or, where eligible, use a registered Digital Verification Service (DVS) to carry out a digital identity check.
Many people with an immigration status can prove their Right to Rent digitally. They can provide the landlord or letting agent with a Home Office share code, which can then be used with their date of birth to check their status online.
The move towards eVisas means that many people now have digital evidence of their UK immigration status rather than relying on physical immigration documents.
In some circumstances, where a prospective tenant cannot provide the usual evidence of their status – for example, because they have an outstanding application with the Home Office – landlords may need to use the Home Office's Landlord Checking Service.
If someone has a time-limited Right to Rent, a follow-up check may also be required to maintain your statutory excuse.
You can find the latest guidance, including acceptable documents and how to carry out checks, in the Landlord's guide to Right to Rent checks on GOV.UK.
Penalties for failing to carry out Right to Rent checks
It's important to follow the correct process and keep evidence that the required checks have been carried out. Doing so can establish a 'statutory excuse' against liability for a civil penalty if it is later found that a tenant did not have the Right to Rent.
The penalties for landlords who allow someone without the Right to Rent to occupy their property increased significantly in February 2024.
For an occupier, a landlord can currently face a civil penalty of up to £10,000 for a first breach and £20,000 for a repeat breach. Different penalty levels apply to lodgers.
There can also be criminal consequences in more serious circumstances, so landlords should make sure they understand and follow the latest Home Office requirements.
Checks should be applied consistently to all prospective adult tenants. Landlords must not discriminate on the basis of nationality or make assumptions about someone's Right to Rent based on their name, appearance, accent or other characteristics.
With Right to Rent checks increasingly carried out digitally, it's important for landlords to keep up to date with the latest Home Office guidance and retain appropriate records of the checks they carry out.
With our range of landlord services, we can help take care of the checks and administration involved in letting your property.
The Reeds Rains Content Marketing Team
