Right to Rent
In accordance with section 33A of the Immigration Act 2014, all landlords in England are required to conduct a ‘right to rent’ check to ensure that they are renting their property to someone who has valid immigration status in the UK. There is no requirement to check a tenant’s ‘right to rent’ for properties in Wales, Scotland, or Northern Ireland.
You have the Right to Rent if any of the following apply:
- You are a British national
- You have settled or pre-settled status under the EU settlement scheme
- You have indefinite leave to remain (ILR)
- You have refugee status or humanitarian protection
- You have permission to be in the UK e.g., student visa or work visa
When carrying out a Right to Rent check, your private landlord or letting agent must ensure to carry out a check on all tenants over the age of 18 regardless of whether they are named on the tenancy agreement or not, whether there is a tenancy or not, or whether the tenancy is not in writing.
From 1st October 2022, ‘right to rent’ checks can be carried out by:
- Checking an original document of identification in the presence of the tenant.
- Undertaking digital identification checks on British and Irish residents who possess a valid passport using Identity Document Validation Technology (IDVT) through an IDSP (including Irish passport cards).
- Use the Home Office’s online checking service to verify an individual’s right to rent.
The check must be conducted prior to the start of the tenancy agreement and is only applicable to those seeking to rent in the private housing sector.
For those who do not have the ‘unlimited right to rent’ these checks need to be conducted on the following basis, whichever is latest:
- 12 months from the date of the check;
- The expiry of the person’s permission to be in the UK;
- The expiry of the validity of their immigration document evidencing their right to be in the UK.
- Checking an original document of identification in the presence of the tenant
- Documents which are no longer accepted are for a manual right to rent check
- A passport or national identity card showing that the holder is a national of the European Economic Area (EEA) or Switzerland
- A registration certificate or document certifying permanent residence issued by the Home Office to an EEA/Swiss citizen
- A residence card or permanent residence card issued by the Home Office to a family member of an EEA/Swiss citizen
- A biometric immigration document (current or expired) issued by the Home Office. This includes Biometric Residence Permits (BRPs) and Biometric Residence Cards (BRCs).
- Documents which are accepted to prove a time-limited right to rent
- A current passport or other ‘travel document’ endorsed to show that the holder is allowed to stay in the UK for a time-limited period
- A document issued by the Bailiwick of Jersey, Bailiwick of Guernsey or the Isle of Man (UK Crown Dependencies) showing that the holder has been granted presettled (limited permission to stay) status, verified as valid by the Landlord Checking Service
- A document issued by the Bailiwick of Jersey, Bailiwick of Guernsey or the Isle of Man (UK Crown Dependencies) showing that the holder has made an application for limited permission to enter or stay
- A current immigration status document issued by the Home Office to the holder with a valid endorsement indicating that the name person may stay in the UK for a time-limited period
- A Certificate of Application (non-digital) issued by the Home Office showing that the holder has made an application to the UK EU Settlement Scheme, on or after 1 July
- A document from the Bailiwick of Jersey, the Bailiwick of Guernsey or the Isle of Man (UK Crown Dependencies with respective EU Settlement Schemes) with proof of settled status
- A current passport or other ‘travel document’ endorsed to show that the holder is either ‘exempt from immigration control,’ or has ‘indefinite’ leave in the UK, or has the ‘right of abode’ in the UK, or has ‘no time limit’ on their stay in the UK
- A certificate of registration of naturalisation as a British citizen
If a tenant cannot produce any of the above, they may be able to establish their right to rent by producing any two of the documents as listed in List A Group 2 in the Home Office policy guidance “Landlord’s guide to right to rent checks”, which include:
- A current UK driving licence;
- A birth or adoption certificate issued in the UK, Channel Islands, Isle of Man or Ireland;
- A letter (issued no more than 3 months ago) from a government department or local authority confirming the holder is known to them;
- A letter (issued no more than 3 months ago) from a British passport holder who is or has been a professional person or who is otherwise of good standing in their community, and who has known the holder for at least three months;
- A letter (issued no more than 3 months ago) from the holder’s employer, confirming their name, status as an employee and National Insurance number;
- A letter from the holder’s college or university confirming their acceptance onto a current course of study;
- A letter from the police confirming that the holder’s passport or other key identity documents have been stolen;
- A document or ID card confirming that the holder is serving or has served in the UK armed forces;
- A DBS certificate issued no more than 3 months ago.
Once the necessary checks have been completed, Landlords should make and keep a copy of the documents for their records.
- Undertaking digital identification checks on British and Irish residents who possess a valid passport using Identity Document Validation Technology (IDVT) through an IDSP (including Irish passport cards).
For those who hold a valid British or Irish passport, they may be able to use the services of an identity service provider.
The Home Office provides a list of certified providers, which can be accessed via: https://www.gov.uk/government/publications/digital-identity-certification-for-right-to-work-right-to-rent-and-criminal-record-checks/digital-identity-certification-for-right-to-work-right-to-rent-and-criminal-record-checks#list-of-certified-idsps
- Use the Home Office’s online checking service to verify an individual’s right to rent.
Tenants and landlords can also prove and confirm a tenant’s status by using the Home Office’s online submission forms.
Step 1: Tenant generates a share code by using the form https://www.gov.uk/prove-right-to-rent
Step 2: Tenants pass the share code to their landlord who can check their status by using the code and the tenants date of birth and using the form https://www.gov.uk/view-right-to-rent
Those that can use the Home Office online forms are:
- The landlord
- An agent acting on behalf of the landlord
- A tenant subletting without your landlord’s permission (including lodging)
The share code will be valid for 90 days from the point it has been issued and can be used as many
times as needed within that time.
Landlords can also use this service where an individual has an outstanding application, administrative
review, or appeal. They must wait at least 14 days after the individual’s application, appeal or
administrative review has been submitted before requesting a verification check.
The landlord can ask that the Home Office do the Right to Rent check if they are currently holding the tenant’s documents due to an active application or an unresolved case or appeal. The individual must provide the landlord with the date on which the application, appeal or administrative review was made to the Home Office, and this must be included in the request form.
If your documents are with the Home Office
The landlord can either:
- request a right to rent check on GOV.UK
- contact the landlord right to rent helpline (see below)
You won’t be allowed to rent a home in England if you can’t present the recognised documents proving your identification and authorization to reside in the UK.
Asylum seekers
If you are seeking asylum, you do not usually have the right to rent, but could receive support from the Home Office if you have no where to live. Further information can be found at: https://www.gov.uk/asylum-support
Penalty for renting to those who do not hold valid immigration status
Criminal penalty
If a landlord is found to be renting to someone who does not have a right to rent, they could be sent to prison for 5 years or get an unlimited fine. This includes if they knew or had ‘reasonable cause to believe’ that the tenant did not have the right to rent in the UK.
This includes if the landlord had any reason to believe that the tenant:
- did not have leave (permission) to enter or stay in the UK
- their leave had expired
- their papers were incorrect or false
Landlords can also be fined if both of the following apply:
- you rent your property to someone who is not allowed to stay in the UK
- you cannot show that you checked their right to rent
Civil penalty
A landlord could be fined up to £1,000 for a first-time penalty and up to £3,000 for each additional penalty.
However, carrying out right to rent checks properly will establish a ‘statutory excuse’ which will prevent both civil and criminal liability.
Should you require any further support, information can be found from:
Landlord Helpline:
Telephone 0300 790 6268,
Monday to Thursday, 9am to 4:45pm. Friday, 9am to 4:30pm.
Resolution Centre:
If you need help accessing or using digital immigration status information, you can contact the UKVI Resolution Centre.
Telephone 0300 790 6268,
Monday to Friday (excluding bank holidays), 8am to 8pm.
Saturday and Sunday, 9:30am to 4:30pm
By : Hana Barzinji