What is a Right to Rent Check? Tenants and Landlord Guide

Renting a property in England comes with specific legal requirements that both landlords and tenants must understand. Right to Rent checks have become a fundamental part of the private rental process since their introduction in 2016. These immigration status verifications affect everyone looking to rent privately, and it is important to know how to navigate them successfully and confidently. Working with leading property services can help ensure compliance with all legal requirements.

What are Right to Rent Checks

Right to Rent (RTR) is a legal requirement under the Immigration Act 2014 that mandates landlords and letting agents to verify the immigration status of all adults aged 18 and over before allowing them to occupy rental property. The scheme applies exclusively to England and does not extend to Wales, Scotland, or Northern Ireland.

• Landlords must confirm that every adult occupant has permission to live in the UK before the tenancy begins. You can find out more about the obligations for company lettings. This obligation extends to everyone living in the property, not just those named on the tenancy agreement.
• Even homeowners renting out a room to a lodger must complete these checks unless their landlord confirms in writing that they will handle this responsibility.

Categories of Right to Rent Status

Right to Rent categories help both landlords and tenants navigate verification effectively.

Unlimited Right To Rent

Individuals with unlimited Right to Rent include British and Irish citizens, people with the right of abode, those with indefinite leave to remain, and individuals granted settled status under the EU Settlement Scheme. These individuals face no rental time limits. For landlords seeking guaranteed rental arrangements, learn more about compliance requirements.

Time-Limited Permission

People with time-limited permission include those with limited leave to enter or remain, individuals with pre-settled status, and people with pending immigration applications. Some may receive specific permission to rent from the Home Office even without standard leave.

When someone holds time-limited permission, landlords must conduct follow-up checks either within 12 months or before the person’s leave expires, whichever comes later.

Without Immigration Permission

Individuals without immigration permission and no outstanding applications generally have no Right to Rent, though the Home Office may grant permission in certain circumstances.

RTR Verification Process Step-by-Step 

Conducting a proper Right to Rent Check involves several specific actions that landlords must follow to establish legal compliance.

Examining Original Documents

Landlords verify immigration status by examining original documents from the government’s approved list. 

• British passport holders present current or expired passports showing their citizenship. 
• EU nationals show biometric residence permits or Settlement Scheme status documents. 
• Foreign nationals provide passports with valid visas or entry clearance stamps.
•  The Home Office recommends using certified Identity Document Validation Technology (IDVT) services, though these aren’t mandatory.

Checking Digital-Only Immigration Status

Many individuals now hold a digital-only immigration status. Tenants generate a nine-character share code through the government’s “Prove your right to rent” service, valid for 90 days. Landlords use this code and the tenant’s date of birth to verify status online through “View a tenant’s right to rent in England.”

Contacting the Home Office

In certain situations, landlords contact the Home Office directly. This applies when documents appear fraudulent or when individuals claim ongoing applications or special permission. The landlord checking service typically responds within 48 hours.

Exempt Accommodation Types from Tenant Immigration Status check

Not all rental situations require tenant eligibility checks. Several accommodation types fall outside the scheme’s scope, as outlined in Schedule 3 of the Immigration Act 2014.

Exemptions for Certain Accommodations

Hostels, refuges, care homes, hospitals, and hospices do not require these verifications. Accommodation arranged by councils under statutory duties also receives an exemption. This includes housing provided under section 17 of the Children Act 1989, section 18 of the Care Act 2014, and Part VII of the Housing Act 1996 (homelessness provisions).

Social Housing and Asylum Seeker Accommodation

Social housing allocation under Part VI of the Housing Act 1996 is exempt, as is accommodation provided to asylum seekers under sections 4 or 95 of the Immigration and Asylum Act 1999. However, housing associations that operate their own waiting lists or let properties directly without council nominations must conduct rental eligibility checks.

When Follow-Up Right to Rent Checks Are Required

When tenants hold time-limited immigration permission, landlords must conduct periodic re-verification to maintain ongoing compliance throughout the tenancy.

Timing of Follow-Up Checks

The timing of follow-up checks depends on the tenant’s immigration status duration. 

1. If the tenant’s visa or leave to remain expires within 12 months of the initial check, landlords must conduct another verification after one year. 
2. For immigration permission lasting longer than 12 months, the follow-up check must occur before the leave expires.

Record Keeping Requirements for Right to Rent Check

Proper documentation protects landlords against penalties.

• Records must be retained for the tenancy duration plus 12 months afterwards. 
• Documents should be stored securely with clear verification dates linking to specific tenants and properties.
• Landlords cannot charge tenants any fees for conducting checks or maintaining records.

What to Do If a Tenant Loses the Right to Rent

If a follow-up check reveals that a tenant no longer has the Right to rent, landlords must report this situation to the Home Office immediately. The Home Office contacts the tenant to verify their current status and determine appropriate action. Landlords do not need to terminate the tenancy unless specifically instructed by the Home Office.

Penalties for Non-Compliance with Right to Rent Checks

The consequences of failing to conduct a proper rental eligibility check can be severe and include both civil and criminal penalties.

Civil Penalties

Landlords who rent to individuals without the Right to Rent face civil penalties up to £3,000 per unauthorised occupant. These fines apply even when landlords unknowingly let someone without proper status, making thorough verification essential. Repeat offenders face increased scrutiny and potentially higher penalties.

Criminal Offences

Knowingly renting to someone without the Right-to-Rent constitutes a criminal offence. This applies when landlords either knew or had reasonable cause to believe that occupants lacked immigration permission. Criminal convictions can result in unlimited fines or imprisonment for up to five years, representing the most serious consequence of non-compliance.

Special Considerations for Different Tenancy Types

1. Joint tenancies require individual verification of each tenant. 
2. Lodgers need checks from their landlord. 
3. Subtenants require verification from the person subletting to them. 
4. Students, particularly international students on study visas with time-limited permission, need special attention. 
5. Educational institutions often handle checks for halls of residence, but private landlords must verify students in private accommodation individually.

Conclusion

Right to Rent checks represent a critical compliance requirement for the UK’s private rental sector. Understanding these regulations protects landlords from penalties up to £3,000 per unauthorised occupant and potential criminal prosecution, while ensuring tenants can secure accommodation without unnecessary delays.

Landlords must maintain accurate records, conduct timely follow-up checks, and treat all applicants equally to comply with immigration and equality legislation. For tenants, having correct documentation ready streamlines the rental process, whether you hold unlimited or time-limited permission to stay.

Frequently Asked Questions

1. How long does an RTR check take to complete?

A RTR check typically requires 15-30 minutes when examining physical documents and 10 minutes or less for online verification using share codes. The exact timeframe depends on document complexity and the number of adults requiring verification.

2. What happens if immigration permission expires during a tenancy?

Landlords must conduct a follow-up check when a tenant’s permission expires. If the tenant cannot demonstrate continued Right to Rent, the landlord reports this to the Home Office, which then contacts the tenant and determines whether tenancy termination is necessary.

3. Can landlords refuse tenants based on nationality?

Landlords cannot refuse tenancies solely because of nationality, ethnic origin, or race under the Equality Act 2010. While immigration status verification is mandatory, landlords must apply the same checking standards to all applicants regardless of nationality.

4. Are there any fees associated with Right to Rent checks?

Landlords cannot charge tenants any fees for conducting RTR checks. The cost of verification represents a landlord’s responsibility that cannot be passed on to tenants.

5. What documents are acceptable for proving Right to Rent?

Acceptable documents include British or Irish passports, biometric residence permits, EU Settlement Scheme status documents, and valid passports with appropriate visa stamps or entry clearance. The complete list appears in official Home Office guidance documentation.