A Guide to Right to Rent Checks for Landlords
Right to rent checks have been mandatory for landlords and letting agents since February 2016. It's crucial for landlords to ensure that prospective tenants are legally permitted to reside in the UK and rent residential properties. Failure to conduct these checks or allowing tenancies to commence with ineligible tenants can result in significant fines.
Understanding the Right to Rent Scheme
The right to rent scheme requires landlords to verify that prospective tenants have the legal right to reside in the UK. This check is a legal requirement for all landlords in the private rented sector.
Commencement of the Right to Rent Scheme
The right to rent check was implemented in England in February 2016 under the Immigration Act 2014. Currently, it is not applicable in Scotland, Wales, and Northern Ireland. This requirement only applies to tenancies that began in or after February 2016.
Responsibility for Right to Rent Checks
Landlords are responsible for conducting right to rent checks on prospective tenants in the private rented sector. Additionally, this responsibility extends to:
- Occupiers allowing lodgers to reside in a property
- Tenants sub-letting part or all of a property (with written agreement from both parties)
- Letting agents appointed by landlords in writing to oversee compliance with the right to rent scheme
Components of Right to Rent Checks
Landlords should conduct right to rent checks on all prospective tenants, regardless of nationality, to avoid any allegations of discrimination. Here are the criteria for conducting these checks:
UK and Irish Citizens
Manual inspection of original passport, driving license, or UK birth certificate
EU, EEA, Swiss Citizens
Use the Home Office online service to verify tenant's documents by requesting their date of birth and 'share code'.
Citizens from Outside the EU and EEA
Use the Home Office online service to check immigration status
Types of Tenants Subject to Checks
All tenants applying for tenancies in the private rented sector, including adults not named on the tenancy agreement, must undergo right to rent checks. However, children under 18 or non-rent-contributing guests are exempt. Certain tenants may also be exempt from these checks if residing in specific types of accommodations.
Understanding Tenant Occupancy
After completing a right to rent check, it's essential to understand the tenant's status:
Unlimited Right to Rent
British citizens, Irish citizens, or EU, EEA, Swiss nationals with indefinite leave to remain in the UK under the EU settlement scheme
Time-Limited Right to Rent
Individuals with limited leave to enter or remain in the UK, requiring status verification within 28 days of expiration
No Right to Rent
Individuals lacking valid leave to enter or remain in the UK, with no permission from the Home Office to rent
Methods to Verify Right to Rent
Landlords and letting agents should be familiar with methods to verify tenant evidence:
Manual Verification
For UK and Irish citizens, use original passport or birth certificate, verified with the tenant present
Home Office Right to Rent Service
For EU, EEA, Swiss nationals, and non-EU, EEA citizens, request a 'share code' from the tenant and conduct a digital check using the Home Office online service
Penalties for Illegal Tenants
Landlords can face fines up to £3000 for renting to individuals without a right to rent or who fail right to rent checks. The Home Office may issue a referral notice requesting evidence of correct checks. Landlords who demonstrate compliance with right to rent checks can mount a defence against penalties.
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