Right to Rent Checks – Summary for Landlords
Under the Immigration Act 2014, landlords in England are legally required to ensure that every adult tenant has the legal right to rent property. This duty is known as the Right to Rent check, and failing to carry it out correctly can result in significant fines or even criminal liability in cases of knowing breaches.
Who must be checked?
All adults (18 or over) who will be living in the property as their main home must be checked, regardless of whether they are named on the tenancy agreement or whether they pay rent. Children under 18 do not need to be checked, but landlords should keep evidence of their age.
When should checks be done?
Checks must be carried out before the tenancy begins. If a person has a time-limited right to rent (for example, their visa will expire), a follow-up check must be carried out before the expiry date, or within 12 months of the previous check, whichever comes later.
How are checks carried out?
Landlords have two options:
- Manual document checks
Tenants present original documents proving their right to rent. The landlord must check these in the tenant’s presence (or via live video link with the original documents held by the landlord) and keep copies. Acceptable documents include a UK passport, EU settled status confirmation, biometric residence permits, or Home Office letters. - Online checks
For tenants with a digital immigration status, landlords can use the Home Office’s free online service. The tenant provides a share code, which the landlord enters on the government website to view their status.
What records must be kept?
Landlords must make clear copies of the documents or retain the online check result, recording the date the check was made. These records must be stored securely for at least one year after the tenancy ends.
What happens if checks are not done?
Landlords who fail to carry out checks can face civil penalties of up to £20,000 per tenant. In cases where landlords knowingly let to someone without the right to rent, criminal sanctions, including imprisonment, may apply.
Key point:
Landlords are not expected to be experts in immigration law, but they must follow the prescribed process carefully. Conducting and recording checks properly provides a statutory excuse against penalties if an issue later arises.