Understanding the legal requirements
Right to rent checks are a legal requirement in England for landlords and agents to verify a prospective tenants right to live in the UK before a tenancy begins. Landlords can do this by checking tenants’ physical documents, using an online identity verification provider, or by using the GOV.UK Home Office’s online share code system for tenants with non-British or Irish passports, Biometric residence permits, or settled/pre-settled status. Landlords must check all adult tenants, including sub-tenants and lodgers, and conduct follow-up checks if the tenant’s right to be in the UK has a time limit.
The guide from the Gov.uk website should be followed when conducting right to rent checks. It is available here
Types of right to rent checks
There are three primary methods for conducting Right to Rent checks:
- Manual document-based check – this involves physically inspecting and verifying original documents provided by the tenant
- Online check – this uses the Home Office right to rent service
- Digital check – this uses identity verification technology through identity service providers
Additionally, you can use the Landlord Checking Service for individuals with an outstanding immigration application, administrative review or appeal or if their immigration status requires verification by the Home Office.
What this means for tenants
All tenants with tenancy agreements for privately rented accommodation after 1 February 2016 will be checked by a landlord or agent to make sure they have the right to rent.
Additionally, tenants who sub-let a room will also need to complete these right to rent checks.
Accepted documents for right to rent checks
Landlords must verify specific documents that prove a tenant’s right to reside in the UK. A comprehensive list of acceptable documents can be found on the GOV UK website.
Non-compliance
If you are found to be renting to someone who does not have the right to rent and you have not conducted the prescribed checks as set out in the code of practice, you may face sanctions including:
• a civil penalty of £5,000 per lodger and £10,000 per occupier for a first breach.
• a civil penalty of £10,000 per lodger and £20,000 per occupier in the most serious cases, a criminal conviction carrying a prison sentence.
The “How to Rent” guide
In addition to conducting Right to Rent checks, landlords must ensure that their tenants receive an up-to-date version of the “How to Rent” guide provided by the Government. This must be done at least 28 days before the start of the tenancy. Failure to provide this guide could impact your ability to issue section 21 notices if needed in the future.
