Finding the right tenant is about more than making sure they’ll look after your property and pay rent on time. As a landlord, you also have a legal duty to check that every adult tenant has the right to rent in the UK. This process is called a right-to-rent check, and it must be done before you hand over the keys.
In this guide, we’ll explain everything landlords need to know, from what the law says to the documents you should ask for.
Related: Right to rent fines increase
Why do you have to conduct a right-to-rent check?
The right-to-rent scheme was introduced by the government to make sure only people who are legally allowed to live in the UK can rent a home here. It’s part of the Immigration Act 2014.
By carrying out a right-to-rent check, you’re making sure your tenants have the legal right to live in your property. It also helps protect you from penalties if you unknowingly rent to someone without the correct status.
Who conducts a right-to-rent check?
It’s the landlord’s responsibility to carry out right-to-rent checks. However, if you use a letting agent, they can take care of the process for you. In that case, it must be agreed in writing that the agent is handling the checks.
If you manage the property yourself, the duty sits with you. Even if you trust your tenant, you can’t skip this step.
Related: What type of tenant is right for you?
Is it illegal not to do a right-to-rent check?
Yes. Failing to carry out a right-to-rent check is against the law. If you rent to someone who doesn’t have the right to live in the UK, you could face a civil penalty of up to £3,000 per tenant (source: gov.uk).
In more serious cases, knowingly renting to someone without the right to rent could even lead to a prison sentence.
When should a right-to-rent check be conducted?
The check must be carried out before the tenancy starts. More specifically:
- if the property will be the tenant’s main home
- if the tenants are over 18, regardless of whether they’re named on the tenancy agreement
- at least a month before the tenancy begins
You should not leave it until the last minute, as it can delay the move-in date.
Related: Rental growth easing: What UK landlords need to know?
What documents are used in a right-to-rent check?
Tenants will need to provide original documents that prove their identity and right to live in the UK. You must check these in person (or via a video call if you’re using the temporary COVID-19 concession where permitted).
Here are some common examples.
A passport
A current or expired passport can prove nationality and the right to live in the UK. For British and Irish citizens, this is usually the simplest proof.
Driving licence
A UK driving licence can confirm identity, but it must usually be shown alongside another document, such as a birth certificate, as it does not prove immigration status on its own.
Birth certificate
An original UK or Irish birth certificate, together with an official document showing the person’s National Insurance number, can prove the right to rent.
Share codes and non-British citizens
If the tenant is not a British or Irish citizen, you’ll need to check their immigration status. This is often done using a share code, which the tenant generates through the Home Office online service.
You’ll need their date of birth and the code to view their right-to-rent status online. The system will confirm if they have a time-limited right to rent, and when this must be rechecked.
What should be considered in a right-to-rent check
According to government guidance, you must check that:
- the documents are originals and belong to the tenant
- the photos on the documents match the tenant
- the dates of birth are consistent and make sense
- the documents are not damaged or altered
- if names differ across documents, there are supporting papers, such as a marriage certificate
- if the tenant is not British or Irish, their permission to stay in the UK has not ended
You must make a copy of each document and record the date you checked it. Keep these copies safely throughout the tenancy and for at least a year after it ends.
Do UK citizens need to prove their right to rent?
Yes. Even British citizens need to provide proof of their right to rent, such as a passport or birth certificate. It’s not just a rule for non-UK nationals, but all adult tenants must be checked.
Do you need help with your lettings?
Conducting right-to-rent checks is just one of the many legal responsibilities landlords face. At Northwood, we know it can feel overwhelming, but we’re here to help.
Our lettings team can handle tenant checks, referencing, and ongoing property management, giving you complete peace of mind. Whether you’re letting one property or building a portfolio, we’ll make sure everything is done by the book.
Start by finding out what your property could be worth on the rental market with a free valuation.
Related: Step by step guide to letting
Final thoughts
Right-to-rent checks are a vital part of letting a property in the UK. They may feel like extra paperwork, but they protect landlords and ensure compliance with the law.
By knowing what to check, which documents are valid, and when to carry out the process, landlords can avoid penalties and get their tenancy off to a strong start.
And for landlords who prefer a hands-off approach, Northwood can manage right-to-rent checks on your behalf, ensuring everything is handled correctly, efficiently, and in full compliance with the law.
