Estate agents in England have direct legal responsibility for conducting Right to Rent checks on prospective tenants aged 18 or older before tenancy agreements commence. Under the Immigration Act 2014, agents must verify immigration status by examining original documents such as passports, biometric residence permits, or Home Office share codes. Non-compliance can result in fines up to £3,000 per illegal occupant. Agents serve as essential intermediaries, facilitating checks for landlords while verification occurs without discrimination. Proper documentation, staff training, and understanding of acceptable documents help agents maintain compliance and protect both landlords and tenants from legal consequences while building professional trust throughout the verification process.
What Are Right to Rent Checks?
Since 2016, Right to Rent checks have been a statutory requirement for landlords in England who must verify the immigration status of all adult prospective tenants before a tenancy agreement begins.
This legal requirement forms part of the Immigration Act 2014, designed to prevent illegal immigration by confirming only those with lawful status can rent residential property.
The checks involve examining tenant’s original documents—such as passports, biometric residence permits, or share codes—to confirm their right to reside in the UK.
Landlords and letting agents must verify these documents are genuine, belong to the individual, and permit them to rent. Documentation must be checked in the tenant’s presence, with copies retained alongside the check date.
Non-compliance exposes landlords to hefty fines up to £3,000 per illegal occupant, with severe cases risking imprisonment.
Legal Obligations for Estate Agents Under the Immigration Act 2014
Although estate agents often act on behalf of landlords, they assume direct legal responsibility when conducting Right to Rent checks under the Immigration Act 2014. This legislation mandates that letting agents check all prospective tenants aged 18 or older before a tenancy commences, verifying their immigration status through original documentation.
Estate agents must examine documents carefully to confirm they are genuine and establish the tenant’s right to rent in the UK. These include passports, biometric residence permits, or residence documents.
The legal obligations are stringent: non-compliance can result in substantial civil penalties—up to £3,000 per unauthorised occupant—and potentially criminal prosecution in severe cases.
Agents must conduct tenants’ right to rent verification without discrimination based on nationality or ethnicity, maintaining compliance while upholding equality standards.
When Must Estate Agents Conduct Right to Rent Checks?
Timing is critical when estate agents perform Right to Rent checks, as these verifications must occur before any tenancy agreement commences.
All prospective tenants aged 18 or older must undergo these checks without exception, guaranteeing landlords remain compliant with their legal duties under UK immigration law.
For tenants with limited immigration status, checks must be completed within 28 days prior to the tenancy start date. This timeframe guarantees the documents reflect current circumstances.
Estate agents must verify original documents in person to properly assess authenticity and confirm each tenant’s right to rent in the UK.
Conducting these checks at the correct time protects landlords from financial penalties and reputational damage.
With enforcement efforts intensifying, estate agents must prioritise timely verification of tenants’ documents and immigration status.
Acceptable Documents for Verifying Right to Rent
Verification of a tenant’s right to rent requires estate agents to examine specific documents recognised under UK immigration legislation. These acceptable documents enable agents to verify the authenticity of prospective tenants’ immigration status during tenant referencing.
Acceptable documents for Right to Rent verification include:
- Current or expired passports from British, Irish, or EEA nationals demonstrating citizenship
- Biometric residence permits or Home Office immigration status documents for non-British applicants
- UK birth certificates combined with photographic driving licences when passports are unavailable
- Marriage certificates or divorce decrees supporting any name discrepancies between documents
- Share codes generated through the Home Office online service for digital immigration status
Agents must examine original documents in the tenant’s presence, take copies, and record verification dates.
Compliance with Right to Rent regulations demands thorough authentication procedures to protect both landlords and letting agents.
How to Carry Out Manual Right to Rent Checks
Having identified the acceptable documents that demonstrate right to rent eligibility, landlords and letting agents must understand the correct procedure for conducting manual verification checks.
The process requires examining original documents that prove a tenant’s legal immigration status in person, confirming authenticity and ownership. Agents and letting professionals must verify that photographs and dates of birth are consistent across all necessary documentation presented.
Recording the date when checks are performed and retaining clear copies of the verified documents for compliance purposes is necessary. All prospective tenants aged 18 or over must undergo these checks, regardless of nationality or appearance, to avoid discrimination.
When tenants cannot provide required evidence, landlords must contact the Home Office Employer Checking Service for verification before proceeding.
Using Identity Verification Technology (IDVT) for Compliance
As technology advances within the property sector, Identity Verification Technology (IDVT) has emerged as a Home Office-approved alternative to manual right to rent checks. This digital solution enables estate agents to verify tenants’ identity documents electronically, guaranteeing compliance with Right to Rent legislation while minimising administrative burden.
IDVT offers estate agents several key advantages:
- Automated verification against government databases reduces human error and strengthens fraud prevention.
- Faster processing streamlines the compliance process, accelerating tenant onboarding.
- Digital authentication of identity documents provides greater reliability than visual inspection alone.
- Reduced administrative workload frees agents to focus on core property management activities.
- Statutory excuse protection when using Home Office-certified IDVT providers confirms legal compliance.
Implementing automated systems for tenant verification represents a significant step forward in professional property management standards.
Penalties for Non-Compliance and Civil Liability
Failure to conduct proper right to rent checks carries serious financial and legal consequences for both landlords and estate agents acting on their behalf.
Civil penalties for non-compliance can reach £3,000 per tenant when documentation is inadequate or absent. Recent enforcement data reveals a 577% increase in fines during Q1 2024, signalling heightened government scrutiny of right to rent checks.
Beyond civil liability, criminal prosecution remains possible in severe cases, potentially resulting in imprisonment.
Estate agents must recognise that reputational damage from penalties can greatly impact their standing within the rental market.
Additionally, discriminatory practices during the verification process expose agents and landlords to further legal action.
Maintaining meticulous records and following compliant procedures protects against these substantial risks while allowing lawful tenancy arrangements.
Best Practices for Estate Agents Managing Right to Rent Responsibilities
Best Practices for Estate Agents Managing Right to Rent Responsibilities
Estate agents operating in the UK rental market must establish robust processes to manage their right to rent obligations effectively while protecting both their clients and their business from compliance failures.
Office right to rent procedures should verify that potential tenants can prove they can live legally in the UK before any tenancy commences.
Essential best practices include:
- Conduct checks before tenancy agreements – Verify documentation from all tenants aged 18 or over prior to signing contracts.
- Maintain detailed records – Keep copies of the documents checked, noting dates and verification methods used.
- Utilise professional verification services – Automated platforms integrated with government-certified identity services streamline compliance.
- Stay informed on legislative changes – Regular updates facilitate awareness of evolving immigration laws and requirements.
- Train staff thoroughly – Confirm team members understand what landlords might require for complete compliance.
Frequently Asked Questions
What Is Involved in a Right to Rent Check?
A right to rent check requires landlords to verify original immigration documents of all adults aged 18 and over, confirm their authenticity in person, make copies, and record the verification date to guarantee prospective tenants have legal residence rights in the UK.
Do Right to Rent Checks Have to Be Done in Person?
Doorstep document inspections are no longer mandatory for every tenant. Right to Rent checks traditionally require in-person verification of original documents, though landlords may now use Identity Document Validation Technology or online share codes for eligible individuals.
How Do Estate Agents Check Your Income for Renting?
Estate agents verify tenant income by requesting payslips, bank statements, employment contracts, or employer reference letters. They typically require annual earnings of at least 30 times the monthly rent to confirm affordability and financial stability before approving tenancy.
Do Letting Agents Do Hard or Soft Credit Checks?
Letting agents typically perform soft credit checks on prospective tenants, which do not affect credit scores and review publicly available financial information. This approach evaluates affordability and financial reliability without the invasive nature of hard credit inquiries.
Conclusion
The immigration compliance burden now rests considerably on estate agents’ shoulders, transforming letting professionals into de facto border officials—a role for which most received no training when they entered the property business. While the scheme aims to create a “hostile environment” for unauthorized residents, it has instead created a complex web of liability for agents who simply wanted to match tenants with properties. The irony remains that those tasked with housing people must first master immigration law, lest they face penalties for the very occupation they’re trying to facilitate.
