Date published: 4th February 2025

This not only keeps you compliant with the law, but also builds trust with your tenants. Failing to do so can result in serious penalties.

Understanding and carrying out right-to-rent checks might seem tricky at first, but it’s manageable with the right knowledge. By taking these steps, you can be confident that you are compliant with immigration and conveyancing law.

Rachel Evans, Solicitor in our immigration team at Broudie Jackson Canter, provides a comprehensive guide to help you navigate this important aspect of property management.

Checking Right to Rent

Before the tenancy begins, landlords must verify that all tenants aged 18 and over have the legal right to rent the property in England.

This requirement applies to all properties in England and includes tenants who may not be named on the tenancy agreement. Importantly, it’s illegal to selectively check only those tenants you think are not British citizens. Discrimination based on nationality is unlawful.

Making the Check

Landlords can confirm a tenant's right to rent by:

  • Checking original ID: This is typically done in person to verify an original form of ID with the tenant(s). Make and retain copies of the documents and record the date of the check. British or Irish citizens typically use their original passport or other approved proof of nationality.
  • Using an approved identity service provider (IDSP):  IDSPs can handle the verification process electronically, reducing the need for landlords to manually check and copy documents.
  • Viewing a tenant's Right to Rent online: Utilise the Home Office "share code" system. This is applicable if your tenant has a biometric residence card or permit, settled or pre-settled status, or has applied for a visa using the ‘UK Immigration: ID Check’ app. You will need the tenant’s date of birth and share code, which they will provide.

Ensuring Compliance with Right to Rent Checks

European Economic Area (EEA) citizens without settled status cannot use their passports or national identity cards as proof of their right to live in the UK.

Instead, they must provide digital evidence through the Home Office. This process usually involves the tenant generating a share code that the landlord can then use to verify their status online. For those without a share code, including those with UK and Irish passports, a manual check is required. It is important to note that landlords must keep evidence of these checks, whether they are conducted manually or electronically.

For tenants with pending applications to extend their stay, landlords should use the UKVI Landlord Checking Service to confirm the right to rent. This service is particularly useful as it provides landlords with a statutory excuse against a civil penalty if the Home Office later finds that the tenant did not have the right to rent. Landlords should also recheck the status of tenants with time-limited rights to rent before their permission to stay expires, ensuring ongoing compliance.

Fines

Failing to perform right to rent checks or allowing tenants who do not meet the criteria to move in can result in significant consequences. Landlords who don’t comply can be fined up to £3,000 per tenant or face imprisonment.

In addition to financial penalties, non-compliance can lead to reputational damage and future legal complications, making it crucial for landlords to adhere strictly to the regulations and maintain proper documentation of all checks performed.

As a landlord, it’s vital that you are aware of the necessary right to rent procedures and policies, simply not understanding the law is not a valid excuse in the eyes of the courts.

Useful Links and Contact Information

How can Broudie Jackson Canter Help?

Staying compliant with Right to Rent regulations is crucial to avoid legal issues and ensure a lawful tenancy process. Broudie Jackson Canter can help you with this. Our team of immigration experts provides support for right to rent checks, digital evidence submission through the Home Office, the UKVI Landlord Checking Service for tenants with pending applications, and manual checks for those without a share code.

Are you a landlord who would like support with right to rent checks? Our team of immigration experts are on hand to help. Give us a call, request a call back, or make an enquiry to get in touch with a member of our team.