Before leasing the property to a prospective adult tenant, all landlords in England are required by law to conduct a 'right to rent' check. If a landlord is found to be renting to an individual who does not have the legal right to rent, they may be subject to a civil penalty of up to £3,000 per tenant.  

What is the right to rent?

Everyone with legal permission to reside in the United Kingdom has the right to rent residential property as their only or primary residence. Immigration status can affect how a landlord verifies that the tenants have the legal right to rent. Private landlords and agents are required by law to verify the immigration status of all tenants, lodgers, and other adult occupants. This is known as a "right to rent" verification.

You have the right to rent if any of the following apply:

• you're a British or Irish citizen
• you have indefinite leave to remain (ILR)
• you have refugee status or humanitarian protection
• you have settled or pre-settled status under the EU settlement scheme
• you have permission to be in the UK, for example, on a work or student visit
• the Home Office has granted you a time-limited right to rent

If your immigration status in the UK has a time limit, your landlord must conduct a follow-up check after 12 months or when your leave to remain ends if this is sooner.

The right to rent must be verified before the start date of the tenancy agreement, the right to rent must be verified.

What document should I provide for my right to rent?

On or after October 1, 2022, landlords will be required to conduct right-to-rent checks to determine a tenant's eligibility to rent. Landlords can no longer check documents over video calls or accept scanned copies under the temporary covid safety measures.

Passport or Resident document

You can show a passport or residence document to pass the right-to-rent check. If you do not have a passport, you can show your UK birth certificate and driving license. If you are not a British or Irish citizen, your passport or resident document such as a BRP card must confirm your permission to be in the UK.

You can also prove your right to rent on GOV.UK if you have:

• settled or pre-settled status under the EU Settlement Scheme
• a biometric residence card or permit

The landlord or agent will take copies of the documents you show them.

If your documents are with Home Office, you can provide the Home Office number to the landlord and request your landlord can request a right-to-rent check on GOV.UK or contact the landlord right to rent helpline on 0300 069 9799.

Checking right to rent online

Your landlord or agent can check your right to rent online even if you have a paper copy of your documents.

Your landlord must use the online right-to-rent checking service if you have:

• a biometric residence card or permit (BRC/BRP)
• an eVisa

Your landlord may ask you for your date of birth and a 'share code' to get the information online. You can get a share code on gov.uk.

If I fail a right-to-rent check, what will happen?

The landlord or agent cannot legally offer you a tenancy if you fail a pre-tenancy right-to-rent check. Your landlord must inform the Home Office if you fail a follow-up check. In the event that an error was made, the Home Office will request additional evidence of your right to rent. The Home Office is able to issue a disqualification notice. If you do not have the right to rent, they can request that your landlord take action to terminate the tenancy.

If you are told that you have no right to rent or that your permission to reside in the UK has expired, you need to seek immigration advice. 

For expert advice and assistance regarding the right-to-rent requirement or any other immigration matter, please contact us at 020 3865 6219 or leave a message on our website.