The Right to Rent scheme, introduced by the Immigration Act 2014, requires landlords in England to verify the immigration status of all prospective tenants aged 18 and over before granting a tenancy. British and Irish citizens have unrestricted rental rights, while those with indefinite leave to remain also qualify without follow-up checks. Tenants with time-limited immigration permission require periodic verification, and landlords must retain document copies to avoid civil penalties up to £3,000 per unauthorized occupier. The article below examines acceptable documentation, checking procedures, and protections against discrimination.
What Is the Right to Rent Scheme?
The Right to Rent scheme represents a legislative framework introduced by the Immigration Act 2014, requiring landlords and letting agents in England to verify the immigration status of prospective tenants before entering into residential tenancy agreements.
This compliance measure applies to all adult occupiers aged 18 and over, confirming individuals possess lawful residence rights within the UK.
Right to rent checks mandate documentary verification of identity and immigration status before tenancies commence.
British and Irish citizens automatically satisfy these requirements, as do individuals holding indefinite leave to remain or settled or pre-settled status under the EU Settlement Scheme.
Landlords must retain copies of verified documents and conduct follow-up checks for tenants with time-limited permission to remain, reporting non-compliance to the Home Office when necessary.
Who Has the Right to Rent in the UK?
Eligibility to rent residential accommodation in the UK divides into two principal categories: those with an unrestricted right to rent and those holding time-limited permission.
British and Irish citizens possess an automatic, unrestricted right to rent, as do individuals granted indefinite leave to remain or settled status under the EU Settlement Scheme. These groups require only an initial right to rent check with no subsequent follow-up necessary.
Conversely, tenants holding limited leave to remain, pre-settled status, or temporary visas possess time-limited permission. Landlords must conduct a follow-up check at least annually or before visa expiry.
Those without any immigration permission lack the right to rent entirely, though exceptional Home Office authorisation may occasionally apply. Lodgers typically require checking unless landlords accept written responsibility.
When Landlords Must Conduct Right to Rent Checks
Before any tenancy agreement commences in England, landlords have a legal obligation to verify the immigration status of all prospective adult occupiers. This Right to Rent immigration check must be completed before granting occupation rights, applying to every adult aged 18 or over.
Landlords and agents share equal responsibility for conducting these statutory checks and maintaining thorough records.
The timing requirements extend beyond initial verification. When tenants hold time-limited immigration permission, a follow-up check becomes mandatory. This subsequent verification must occur within 12 months of the previous check or before the visa’s expiry date, whichever arrives first.
Non-compliance with these time limits exposes landlords and agents to substantial penalties, including civil fines up to £3,000 per unauthorised occupier or potential criminal prosecution in cases of knowing misconduct.
Acceptable Documents for British and Irish Citizens
British and Irish citizens enjoy a streamlined documentation process when proving their Right to Rent eligibility, distinct from the requirements imposed on non-EEA nationals.
For right-to-rent checks, landlords may accept either a current or expired passport from British or Irish citizens as valid proof of immigration status.
British citizens can alternatively provide a naturalisation certificate to demonstrate their lawful presence. Those born in the UK may present a UK birth certificate alongside supporting identification, such as a driving licence, to satisfy verification requirements.
Irish citizens benefit from a particularly straightforward process, as their passport alone suffices without additional documentation.
Landlords must retain copies of all documents provided during these checks for compliance purposes, maintaining proper records throughout the tenancy period.
Proving Immigration Status With a Share Code
Protecting Immigration Status With a Share Code
For individuals without a British or Irish passport, the Home Office’s online share code system provides a digital method of demonstrating immigration status to landlords and letting agents. This process, mandated under the Immigration Act, is particularly relevant for those with settled status or pre-settled status under the EU Settlement Scheme.
The share code system operates as follows:
- Tenants generate a unique code through the government’s online service using their date of birth.
- The code remains valid for 30 days from generation.
- Landlords access the verification system to confirm the tenant’s Right to Rent.
- Each code can only be used once for verification purposes.
Landlords must complete checks promptly to maintain compliance with Right to Rent regulations and avoid potential penalties for non-compliance.
EU Settlement Scheme and Right to Rent
Since the UK’s withdrawal from the European Union, the EU Settlement Scheme has become the primary mechanism through which EU, EEA, and Swiss nationals secure their immigration status in the UK.
Those granted settled status or pre-settled status automatically hold the Right to Rent. Applicants prove this entitlement by generating a share code through the Home Office online system, which landlords must verify before tenancy commencement.
Unlike time-limited visas requiring periodic rechecks, pre-settled status holders need only an initial Right to Rent verification at the tenancy’s start.
The landlords guide confirms that updates introduced in June 2024 have streamlined verification procedures, reducing administrative burdens.
EU nationals retain their right to rent until their status expires or faces revocation, providing clarity for both tenants and property owners.
What Happens if Documents Are With the Home Office
When an applicant’s immigration documents are with the Home Office during a pending application or appeal, landlords face a particular verification challenge. The tenant can request a Right to Rent check through the Landlord Checking Service, which confirms eligibility while documents remain under review.
A Certificate of Application may be issued, serving as temporary proof of tenancy rights during the decision period.
Clear communication between tenant and landlord is necessary to prevent misunderstandings:
- Tenants must promptly inform landlords when immigration documents are submitted to the Home Office
- Landlords must verify status through proper channels without discriminating against applicants
- Certificates of Application provide statutory protection against eviction during processing
- Regular updates guarantee both parties maintain compliance with landlord checks and immigration requirements
Consequences of Failing a Right to Rent Check
Understanding what occurs after a Right to Rent check reveals an individual lacks proper status represents a significant juncture in the tenancy process.
Landlords cannot legally grant a tenancy until the prospective tenant’s immigration status is verified. For existing tenancies involving time-limited visas, landlords must conduct follow-up checks.
Failure to perform these checks triggers an obligation to notify the Home Office, which may then request proof of immigration status from the tenant.
Non-compliance carries substantial financial penalties, including significant fines and potential criminal charges.
While tenancies may continue despite a failed check unless the Home Office directs otherwise, landlords face considerable eviction complications and legal exposure.
The regulatory framework places considerable responsibility on landlords to maintain ongoing vigilance regarding their tenants’ Right to Rent eligibility throughout the tenancy period.
Protection Against Unlawful Discrimination
While the Right to Rent scheme mandates immigration status verification, landlords must implement these checks without contravening equality legislation that protects tenants from discriminatory practices.
Agents must apply right to rent checks uniformly to all prospective tenants, avoiding selective enforcement based on perceived nationality or ethnicity.
Compliance requires careful execution to prevent unlawful discrimination claims arising from biased application processes.
Protected characteristics under the Equality Act 2010 include:
- Race and nationality – targeting specific ethnic groups constitutes illegal discrimination
- Disability – refusing accommodation based on disability status violates equality laws
- Religion or belief – differential treatment regarding faith backgrounds is prohibited
- Any protected characteristic – all nine protected characteristics demand equal consideration
Tenants experiencing discriminatory treatment during right to rent procedures can seek guidance through Citizens Advice and pursue legal remedies against landlords breaching equality obligations.
Where to Get Immigration Advice and Support
Immigration status concerns related to Right to Rent obligations often require specialist guidance beyond general landlord-tenant knowledge.
The Home Office provides dedicated contact points for immigration inquiries, particularly valuable for tenants and landlords seeking clarity on settled status and documentation requirements.
Citizens Advice offers free, confidential support on immigration matters, including guidance on Right to Rent compliance and protection against discrimination.
The Immigration Advice Service delivers specialist legal assistance for complex applications and tenancy-related immigration issues.
Local law centres frequently provide low-cost or free immigration advice, helping individuals understand their rights under Right to Rent regulations.
Community organisations supporting refugees and migrants also offer valuable resources.
When engaging agents or advisers, verify they are registered with the Office of the Immigration Services Commissioner for qualified representation.
Frequently Asked Questions
Is Immigration Status the Same as Right to Rent?
No, they are not the same. Immigration status refers to a person’s legal permission to be in the UK, while Right to Rent is a specific entitlement to rent residential property, determined by that immigration status.
Do Landlords Have to Check the Immigration Status of Tenants?
Guarding the gateway to their properties, landlords in England must legally verify the immigration status of all prospective tenants aged 18 and over through Right to Rent checks before allowing any tenancy to commence.
Who Is Exempt From the Right to Rent?
Tenants in hostels, refuges, care homes, hospitals, hospices, and those in asylum seeker accommodation are exempt from Right to Rent checks. Local authority homelessness accommodation under statutory duty provisions is also excluded from verification requirements.
What Are the New Rules for Landlords in 2025?
From February 2025, landlords must only conduct initial Right to Rent checks for tenants with pre-settled status, removing the requirement for follow-up checks. Updated guidance will clarify responsibilities and reinforce non-discriminatory practices during tenant screening.
Conclusion
Since the Right to Rent scheme’s full rollout in 2016, the Home Office has issued over 6,000 civil penalties to landlords for non-compliance. This statistic underscores the importance of rigorous document checking and proper record-keeping. Landlords and agents must balance enforcement with anti-discrimination duties, making certain legitimate tenants are not excluded due to perceived complexity. Seeking professional immigration advice when uncertainty arises protects both landlords from penalties and applicants from unlawful refusal, maintaining the scheme’s integrity while upholding fair access to housing.
