Right to Rent checks require landlords or authorized letting agents to verify tenants’ legal UK residency status before a tenancy begins, ideally within 28 days of the start date. The process involves examining original identity documents from List A (permanent permission) or List B (time-limited permission), comparing photo identification with the tenant’s appearance, and retaining copies throughout the tenancy plus one additional year. Follow-up checks are necessary for time-limited permissions before expiration. Understanding the complete verification framework helps guarantee full compliance with statutory requirements.
Who Must Carry Out Right to Rent Checks?
The legal obligation to carry out Right to Rent checks falls primarily on landlords who grant tenancy agreements, though this responsibility can be formally delegated to letting agents through written authorization.
All tenants aged 18 and over must undergo these checks to verify their immigration status, regardless of whether they appear on the tenancy agreement.
Landlords must retain evidence demonstrating either that they performed the checks themselves by examining original documents, or that they properly delegated this duty to letting agents.
Written agreements should explicitly state who is responsible for conducting Right to Rent checks.
However, even when letting agents carry out the verification process, landlords ultimately remain accountable for compliance with Right to Rent regulations and any potential civil penalties for non-compliance.
When to Conduct Right to Rent Checks
Timing is critical when conducting Right to Rent checks, as performing them too early or too late can undermine a landlord’s statutory excuse against civil penalties. Checks must be completed before the tenancy begins, ideally no earlier than 28 days prior to the start date to guarantee validity.
All tenants aged 18 or over require verification, regardless of their position on the agreement.
For individuals with time-limited residency, follow-up checks become mandatory. These must occur before their permitted stay expires or within 12 months of the previous check, whichever comes first.
Maintaining accurate records of when checks were conducted and which documents verified is necessary for compliance. Proper documentation provides legal protection and demonstrates adherence to Home Office requirements throughout the tenancy period.
Acceptable Documents for Verification
Understanding which documents satisfy Right to Rent requirements prevents compliance failures and protects landlords from substantial civil penalties.
The Home Office categorises acceptable documents into two lists. List A includes permanent residency proof such as UK or Irish passports, eliminating the need for follow-up checks.
List B covers time-limited documents like visas or residence permits, requiring renewal checks before expiry—typically within twelve months.
UK citizens may present original passports or driving licences as verification.
EU, EEA, and Swiss nationals must provide immigration documents or obtain a share code from the Home Office online checking service.
This digital system allows landlords to verify time-limited rights using the tenant’s share code and date of birth, streamlining compliance while maintaining accuracy in Right to Rent checks.
How to Perform a Right to Rent Check
Conducting a Right to Rent check requires landlords to follow a systematic process that balances thoroughness with legal compliance.
Landlords in England must examine original identity documents before a rental tenancy commences, ideally within 28 days of the start date.
The process involves verifying authenticity by comparing photograph identification with the tenant in person and retaining copies throughout the tenancy plus one year.
For those with a time-limited right to rent, follow-up checks are mandatory before their permission expires.
Landlords can check the documents manually or use the Home Office’s online checking service with a share code and date of birth.
Proper execution establishes a statutory excuse against civil penalties, protecting landlords while making certain all tenants aged 18 or over are verified appropriately.
Follow-Up Checks for Time-Limited Permission
Follow-Up Checks for Time-Limited Permission
Landlords have a continuing responsibility to verify the immigration status of tenants whose permission to remain in the UK has time limits attached. Follow-up checks must occur before the expiration of their permission or within 12 months of the last check, whichever is earlier. Monitoring visa expirations guarantees compliance with Right to Rent obligations and avoids non-compliance penalties.
| Action Required | Timing | Consequence of Inaction |
|---|---|---|
| Perform follow-up checks | Before permission expires or within 12 months | Financial penalties from Home Office |
| Request acceptable identification | At each follow-up interval | Rental agreement must end |
| Report non-compliance | When tenant fails to provide proof of residency | Potential legal liability |
If tenants cannot provide acceptable identification, landlords must inform the Home Office immediately. Expired documents invalidate continued occupancy, requiring termination of the rental agreement unless updated evidence confirms ongoing time-limited permission.
Penalties for Non-Compliance
Failing to carry out the required Right to Rent checks exposes landlords to significant financial and legal consequences under UK immigration law. Civil penalties of up to £3,000 apply for each tenant discovered without the right to live in the UK.
For lodger tenancy arrangements, fines escalate to £5,000 for first offences and £10,000 for repeat violations. Since December 2016, serious breaches can result in unlimited fines or imprisonment.
When disqualified tenants are identified, landlords must notify the Home Office and provide 28 days’ notice to vacate. While penalty notices can be appealed, maintaining thorough documents demonstrating compliance efforts is necessary.
Right to Rent checks remain a statutory obligation, and robust record-keeping protects landlords from penalties.
Frequently Asked Questions
What Is Involved in a Right to Rent Check?
A Right to Rent check involves verifying that all prospective tenants aged 18 or over have legal permission to reside in the UK by examining prescribed identity and immigration documents before the tenancy agreement commences.
How Long Do Right to Rent Checks Take?
Manual Right to Rent checks typically take just a few minutes per tenant when original documents are inspected in person. Online checks using the Home Office share code system provide immediate results, though incomplete documentation may cause delays.
Do Right to Rent Checks Have to Be Done in Person?
No—Right to Rent checks don’t require face-to-face verification. Landlords can use the Home Office online checking service with tenant share codes, or employ certified Identity Document Verification Technology (IDVT), making the process fully digital when available.
Can You Fail a Right to Rent Check?
Yes, a right to rent check can fail if the prospective tenant cannot provide acceptable identification documents proving their legal right to reside in the UK, or if their immigration status does not permit renting property.
Conclusion
Right to rent checks protect landlords from penalties, safeguard tenants from discrimination, and support immigration enforcement objectives. Proper procedures guarantee compliance with the law, proper procedures create defensible audit trails, and proper procedures demonstrate due diligence. By understanding who must check, when to check, and how to check, landlords fulfil their legal obligations while maintaining fair rental practices. The right to rent scheme demands attention to detail, consistency in application, and commitment to accurate record-keeping throughout every tenancy arrangement.
