Right to rent in the UK: A comprehensive guide

The Home Office introduced Right to Rent checks under the Immigration Act 2014 to restrict rental accommodation to those without legal immigration status in England. The Right to Rent check annually identifies thousands of individuals without legal status in the UK. For tenants, especially those new to the country, securing a London apartment rental can be challenging without local knowledge or a deeper understanding of these checks.

Note This policy applies only to England. Scotland, Wales and Northern Ireland are excluded from Right to Rent checks.

What is a right to rent check?

The Right to Rent check is a legal requirement for landlords in England to ensure tenants have the legal right to reside in the UK before signing a rental agreement. This right is a part of the UK government’s broader strategy to keep immigration in check and ensure landlords play a crucial role in enforcing immigration laws.

Who is responsible for right to rent checks?

It is the landlord’s obligation to conduct Right to Rent checks, as well as that of letting agents or householders taking in tenants. It is also the responsibility of all tenants to comply with this law.

What are landlords legally required to do?

It is every UK landlord’s legal duty to check and verify the immigration status of all prospective tenants to confirm they have the right to rent property in the UK. This process includes a few key responsibilities

1. Pre-Tenancy Checks

Before allowing a tenant to move in, landlords must verify their immigration status. This applies to all categories of tenants, whether they are British citizens, EU nationals or from any other country.

2. Document Verification

Landlords must inspect and retain copies of documents proving a tenant’s right to live in the UK. These documents typically include passports, national identity cards or biometric residence permits.

3. Follow-Up Checks

If a tenant has a time-limited right to rent, the landlord must conduct follow-up checks before the tenant’s right expires. This step is essential to ensure that the tenant’s immigration status is still valid.

What should landlords check in the documents?

Landlords should ensure

• The documents are original and belong to the tenant
• The tenant’s permission to reside in the UK is valid and has not expired
• Match the photos on the document with the tenant
• Verify the consistency and credibility of the date of birth across documents
• The documents are not tampered with
• In case of name differentiation on documents, verify the supporting documentation (e.g., marriage certificate)

What is this process for performing a right-to-rent check?

1. Obtain and Verify Documents

Landlords must ask prospective tenants to present original documents that confirm their immigration status in the UK, including biometric residence permits and documents issued by the Home Office indicating indefinite leave to remain or enter.

2. Examine the Documents

Landlords should confirm that the documents presented are genuine, valid and relate to the tenant. (Check for signs of tampering or forgery.)

3. Take Copies

Landlords must maintain unalterable copies of the tenant’s original documents. For passports, copy all pages with relevant details and both sides should be photocopied for biometric residence permits.

Note Maintaining the paperwork for at least one year after the tenancy ends is ideal.

4. Date of the Check

Note when the check was performed, as this can be relevant for follow-up checks or if there are any disputes later.

5. Follow-Up Checks

Landlords must conduct follow-up checks regularly if a tenant has a time-limited right to rent. This step involves repeating the document verification process within a year or when the tenant’s visa ends, whichever is later.

6. Online Checks

If some tenants have biometric residence permits, landlords can use the Home Office’s online service to verify their status electronically.

What if the tenant doesn’t have the proper documents?

If a prospective tenant does not have complete, accurate documentation, landlords should approach the Home Office—particularly in cases where a tenant is a Commonwealth citizen. If the tenant is undergoing an immigration appeal or application, landlords can request a Home Office right-to-rent check using the tenant’s Home Office reference number. This usually generates a response within two days.

How can Benham and Reeves help?

Navigating Right to Rent checks and legal documentation can be complex for overseas clients. Benham and Reeves can handle the entire process on the client’s behalf—from verifying documents to managing paperwork and ensuring compliance with UK laws. This gives foreign landlords peace of mind and protects them from potential penalties. Our experienced agents at Benham and Reeves are here to assist landlords with every step, ensuring a smooth and compliant renting process for all.

Frequently Asked Questions

Can a tenant rent a property without a BRP?

Yes, as long as they present a valid passport with a visa or endorsement, certificate of naturalisation or share code for EU settled or pre-settled status

How long does a Right to Rent check take?

If done manually, the Right to Rent check process is usually completed within minutes. However, if an online check is required via the Home Office, it can take up to two working days.

Can a landlord accept an expired passport for a Right to Rent check?

Yes, expired passports are acceptable for British and Irish citizens. However, expired passports cannot be accepted for other foreign nationals.

Are there exemptions to the Right to Rent check?

Yes, students’ accommodation, social housing, hostels and refuges, care homes and hospitals.

Can a landlord delegate the Right to Rent check to a letting agent?

Yes, landlords can delegate this responsibility to a letting agent. However, this agreement must be made in writing.

Can a tenant provide documents electronically?

No, tenants must provide original physical documents for the Right to Rent check.

We ensure that your property is compliant with all legal requirements, including conducting Right to Rent checks. As part of our comprehensive lettings and management service, we handle this crucial step on your behalf, verifying the eligibility of all potential tenants.