What is Right to Rent and Why It's Important for Landlords and Tenants

Published: 27/08/2024

What is Right to Rent?

Right to Rent is a legal scheme that ensures a tenant is eligible to live in England. Under this law, landlords and letting agents in England are required to verify the tenant's immigration status before they can move into a property. This scheme, introduced by the Home Office, aims to prevent illegal immigration by making it harder for individuals without proper legal status to live in the UK.

It's important to note that Right to Rent checks do not apply in Wales, Scotland, or Northern Ireland.

The Right to Rent Check Process

As a landlord or letting agent, you must:

• Verify Original Documents: You need to check a range of acceptable identification documents to confirm that the tenant has the legal right to reside in England. These documents must be presented in person.
• Check All Adult Occupiers: This includes anyone aged 18 or older, even if their name isn't on the tenancy agreement.
• Make Copies: Once the documents are verified, you must make copies and retain them for at least one year after the tenancy ends.
• Time-Limited Checks: If the tenant's documents are time-limited (e.g., a student visa), follow-up checks must be done within the appropriate timeframe.
• Return Documents: Return the original documents to the tenant after completing the checks.

Acceptable Documents for Right to Rent

The following documents can be used to prove legal residency:

• UK or EU passport
• Permanent residence card
• Travel document showing indefinite leave to remain
• Full list of documents can be found here

These checks must be carried out in person within 28 days of the tenancy starting.

Right to Rent and Subletting

If you are subletting a property or a room, you must also conduct Right to Rent checks before someone moves in. As the tenant who sublets, you are responsible for conducting the checks and are liable for any penalties or enforcement actions. You may ask your landlord to perform the checks, but this must be agreed upon in writing.

Right to Rent for Overseas Tenants

Landlords can arrange a "tenancy in principle" for tenants arriving from abroad. This means the tenant's ID is required when they arrive, and if they fail to provide the necessary documents, they won't be able to rent the property.

If the tenant's immigration status is still under review by the Home Office, landlords can request to conduct a Right to Rent check online or by contacting the Landlord Helpline on 0300 069 9799, providing the Home Office Reference number.

Consequences of Failing to Carry Out Right-to-Rent Checks

While tenants won't face any penalties if a Right to Rent check isn't performed, landlords or letting agents can be fined an unlimited amount or face up to five years in prison if they fail to comply with the legal requirements.

Why Right to Rent Matters

Ensuring your tenant has the right to rent is vital in the letting process. Landlords and estate agents protect themselves from potential fines or legal repercussions by conducting the necessary checks. It is a straightforward process for tenants aslong as you have the proper documentation.

For more detailed information, refer to the Government's guide on the Right to Rent or contact our Circa London lettings team for assistance.






Disclaimer: This blog provides general information and is not intended as financial or investment advice