Right to Rent is the duty to check that everyone aged 18 or over who will live in your property as their only or main home has the legal right to rent in the UK. It applies in England only, and it was introduced by the Immigration Act 2014. Skip it, or do it carelessly, and you can face a civil penalty or, in serious cases, a criminal one. The check itself is not hard, but it has to be done properly and before the tenancy starts.
Who you have to check
You must check every adult who will occupy the property as their main home, whether or not they are named on the tenancy agreement, and whether or not they pay rent. You cannot single people out by nationality or how they look. Checking only those you think might be foreign is itself unlawful discrimination. The rule is that you check everyone, in the same way.
When to check
Do the check before the tenancy begins. You cannot let someone move in and check afterwards. If a prospective tenant has a time-limited right to rent, you note the expiry and carry out a follow-up check before it runs out.
How to check
There are three routes, and the right one depends on the person. For most British and Irish citizens, you carry out a manual check. You see the original document, such as a passport, in the person's presence or over a live video call while holding the original, check it looks genuine and belongs to them, and keep a clear copy with the date you checked.
For many people you can, or must, use the Home Office online service. The person gives you a share code, you enter it along with their date of birth on the government website, and you get a result confirming their status. For those with an eVisa or a biometric residence permit, the online service is generally the route to use.
British and Irish citizens can also have their identity checked through a certified Identity Service Provider using digital identity technology, which many agents now use. Whichever route you use, keep the evidence. For a manual check that means a dated copy of the document. For an online check it means the profile page the service produces. Store it securely for the length of the tenancy and for a year after it ends.
The statutory excuse
Doing the check correctly gives you what the law calls a statutory excuse. If it later turns out the tenant did not in fact have the right to rent, but you carried out and recorded the check properly, you have a defence against the civil penalty. This is the whole point of keeping good records. The excuse only protects you if you can produce the evidence that you checked.
Follow-up checks
If someone's right to rent is time-limited, diarise a follow-up check for just before it expires. If, when you check, the person no longer has the right to rent, you have a duty to report it to the Home Office, and following the correct reporting process is what protects you. Do not simply ignore it, and do not take enforcement into your own hands.
Penalties
Civil penalties for renting to someone without the right to rent run into thousands of pounds per tenant, and repeat breaches cost more. Knowingly renting to someone who is disqualified can be a criminal offence carrying a prison sentence. The check is quick. The penalty is not.
If an agent does it for you
A letting agent can carry out Right to Rent checks on your behalf, but the responsibility only transfers if you agree in writing that the agent takes it on. Put it in the management agreement, and make sure it is clear the agent holds the statutory excuse, not you. Then ask the agent to keep and be able to produce the records, because if there is ever a challenge, the evidence is what matters.
Build the check into your standard move-in process so it happens every time, for every adult, before the keys change hands. Done consistently, it is a five-minute task that closes off a large risk.
This article is general information, not legal advice. Right to Rent applies in England only and the rules on acceptable documents change. Check the current Home Office guidance or take professional advice before acting.
