Right to Rent

Right to Rent is a legal requirement under the Immigration Act 2014 (implemented 2016) requiring landlords in England to verify all adult tenants and occupiers have immigration status permitting them to rent. Checks must be completed before tenancy start using original documents or the Home Office online service. Non-compliance carries civil penalties up to GBP20,000 per adult (increased 2024), with criminal liability for knowingly letting to illegal occupants.

Who Must Be Checked

Must check:

• All tenants aged 18+
• Anyone named on the tenancy agreement
• Permitted occupiers aged 18+

Don't need to check:

• Children under 18
• Care home residents
• Hostel or refuge occupants
• Certain other exemptions

What to Check

Acceptable documents (List A - unlimited right):

• UK/Irish passport
• EU settled status share code
• Certificate of registration/naturalisation
• Immigration status document

List B documents (time-limited right):

• Biometric residence permit
• Immigration status document with expiry
• Passport with visa/endorsement

How to Conduct Checks

Manual Check

1. Obtain original documents
2. Check documents are genuine
3. Verify photo matches person
4. Copy documents clearly
5. Record date of check
6. Store copies securely

Online Check (Preferred)

1. Tenant provides share code
2. Landlord checks via GOV.UK
3. Print/save verification result
4. Stores as evidence

Follow-Up Checks

For time-limited right to rent:

• Check again before permission expires
• Use Home Office checking service if needed
• Cannot evict based on status change without notice

Penalties for Non-Compliance

Civil penalty: Up to £20,000 per tenant (increased 2024) Criminal liability: If knowingly let to illegal occupant

Statutory Excuse

Completing checks correctly provides a "statutory excuse" - protection from penalties even if tenant's status changes later.

For Letting Agents

Right to Rent best practices:

• Check all adults before tenancy starts
• Use online checking service where possible
• Keep clear records of all checks
• Diary follow-up checks for time-limited rights
• Train staff on acceptable documents
• Never discriminate - check everyone equally