All You Need to Know About Right to Rent Checks

All private landlords in England are legally required to conduct Right to Rent checks, making sure that their tenants have the right to reside in the UK.

This requirement was introduced as part of the Immigration Act 2014 and applies to tenancy agreements starting on or after 1st February 2016, throughout England.

As of 13th February 2024, a new code of practice and increased penalties have come into effect. Keep reading to make sure eyou are up to date on these changes and remain compliant.

1. What is Right to Rent?
2. Who is responsible for Right to Rent checks?
3. How to carry out a Right to Rent check
4. Are there any exceptions?

What is Right to Rent?

Right to Rent is a legal requirement in England that means landlords must check that tenants or lodgers have the legal right to live in the UK before renting to them.

This rule is part of the Immigration Act 2014 and is designed to stop people without the right to be in the UK from renting privately.

As a landlord, you’ll need to check documents like a passport or visa, or sometimes use the Home Office’s online checking service.

If you don’t do these checks properly, you could face heavy fines, so it’s important to get it right.

Important updates in the new Right to Rent code of practice

In February 2024, important changes were made to the Right to Rent rules, including an increase in the fines for landlords who fail to follow the law.

Proving Right to Rent for outstanding applications

If someone has an ongoing application to stay in the UK (including appeals or reviews under 3C leave), they can now use the Home Office’s online checking service to confirm their Right to Rent.

Simplified civil penalties process

The way civil penalties are handled has been updated to make the rules and procedures clearer and easier to follow.

Higher fines for non-compliance

Finally, fines for failing to comply with Right to Rent requirements have increased.

For first-time breaches, fines have risen from £80 per lodger and £1,000 per tenant to as much as £5,000 per lodger and £10,000 per tenant.

Repeat offences now carry even steeper penalties, with fines reaching up to £10,000 per lodger and £20,000 per tenant, compared to the previous maximums of £500 and £3,000.

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• A Guide to Tax Deductible Costs for Your Landlord Tax Return
• When Will Section 21 Evictions Be Scrapped?
• How to Serve a Section 21 Notice to Tenants

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Who is responsible for Right to Rent checks?

It’s the landlord’s responsibility to verify the immigration status of any potential tenants in the private rented sector. However, these checks should also be carried out by:

• An occupier who permits a lodger to live in the property
• A tenant who sublets part or all of the property (this responsibility can be passed over to the landlord, provided both parties have mutually agreed in writing)
• A letting agent, appointed in writing by the landlord, who assumes responsibility for adhering to the Right to Rent scheme

How to carry out a Right to Rent check

To ensure that you carry out a Right to Rent check correctly, you need to be aware that different documents are required depending on the tenant’s nationality. There are also different ways to check these documents. 

Remember, landlords should conduct Right to Rent checks on all prospective tenants, regardless of their nationality.

Here is what you need to check in each case:

• UK and Irish citizens – manual inspection of passport, driving licence or UK birth certificate
• EU, EEA, Swiss citizens – use the Home Office online service. You’ll need to ask for their date of birth and a ‘share code’
• Citizens from outside the EU and EEA – again, use the Home Office online service to check their immigration status

Are there any exceptions?

All tenants applying for a tenancy in the private rented sector must undergo Right to Rent checks. This includes any additional adults residing in the property, even if they are not listed on the tenancy agreement.

However, children under 18 and guests who do not contribute rent are exempt from these checks.

There are also other cases where tenants are exempt from Right to Rent checks. Landlords are not legally obligated to check tenants residing in the following types of accommodation:

• Social housing
• Care homes, hospices, or hospitals
• Hostels or refuges
• Mobile homes
• Student accommodation

To learn more about Right to Rent checks and what to do if your tenant’s visa expires during a tenancy, visit our help centre for additional information.

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