Right to Rent in the UK: A Comprehensive Guide for Landlords and Tenants

Navigating the rental market in the UK can be complex, especially with the legalities surrounding Right to Rent. This legislation affects both landlords and tenants, ensuring that only those legally allowed to reside in the UK can rent property. For landlords, compliance is a must to avoid penalties, while tenants need to be aware of the checks they’ll face. This article provides a clear overview of Right to Rent, what it involves, how to stay compliant, and the updates every landlord and tenant should know about.

What is Right to Rent?

Right to Rent is a legal requirement under the Immigration Act 2014 that applies to rental properties in England. It means landlords must check the immigration status of prospective tenants to confirm they have the legal right to live in the UK. If checks aren’t carried out properly, landlords can face serious penalties.

Who Needs to Comply with Right to Rent?

Landlords' Obligations

Right to Rent applies to all landlords, including those subletting or taking in lodgers. You must check every adult (18+) who’ll be living in the property, regardless of their nationality or background. This rule applies whether they’re named on the tenancy or not.

Tenant Responsibilities

If you're renting, you’ll need to provide documents to show that you're allowed to live in the UK. These checks happen before your tenancy begins, and you might need to repeat them later if your right to stay is time-limited.

Conducting Right to Rent Checks: A Step-by-Step Guide for Landlords

1. Get the Right Documents

You’ll need to check acceptable documents from your tenants. These vary based on nationality:

• British or Irish Citizens: You can accept a current passport or one that hasn’t been physically cancelled (passports with clipped corners or marked as expired are no longer valid). You can also accept a birth or adoption certificate issued in the UK, Channel Islands, Isle of Man or Ireland, along with an official letter confirming employment or benefits.
• Non-British and Non-Irish Citizens: Since February 2025, physical immigration documents like Biometric Residence Cards (BRCs) and Biometric Residence Permits (BRPs) have been phased out. Tenants must now use the Home Office online checking service by sharing a code. This will give you access to their UKVI account profile - a digital record proving their right to rent.

2. Check They’re Genuine

Whether you’re checking a document or the tenant’s Home Office profile, make sure the person presenting it matches the photo and details. For in-person checks, look out for signs of forgery or tampering. For digital checks, the Home Office page should show a photo and current status.

3. Keep Copies or Records

Make a copy of the document or download a copy of the Home Office digital profile. Record the date the check was made and keep this for at least 12 months after the tenancy ends. This is important for both legal protection and GDPR compliance.

4. Schedule Follow-Up Checks

If the tenant has a time-limited right to rent (which you’ll see in their UKVI profile), you’ll need to set a reminder to check again before their permission runs out. If they no longer have the right to rent when you recheck, you must report it to the Home Office.

What Happens if a Tenant Fails a Right to Rent Check?

If a prospective tenant doesn’t pass the check, you can’t proceed with the tenancy. Landlords face fines of up to £20,000 per illegal tenant, and repeated breaches can lead to criminal charges. Always complete checks before the tenancy begins and document everything.

Exemptions to the Right to Rent

There are a few situations where Right to Rent doesn’t apply. These include: tenants under 18 years old, student accommodation provided by universities and colleges, social housing allocated by the council, hostels, refuges, and care homes, and accommodation where there's no rent (e.g. guardianship, some lodgers).

3 Tips for Landlords to Stay on Track

1. Keep Up with the Law

Right to Rent checks have evolved, especially with the shift to digital verification. Stay updated through the GOV.UK website or use a professional letting service to keep things compliant.

2. Don’t Leave Checks Too Late

You can carry out checks up to 28 days before the tenancy starts. Doing it early gives you time to sort any issues before move-in day.

3. Ask for Help When Needed

If in doubt, ask us! As your local Letting Experts, we can guide you through the process and even carry out checks on your behalf.

What Tenants Should Know

1. Have Your Documents Ready

Whether you’re a UK citizen or not, be ready to show your documents. If you’re a non-UK tenant, make sure you’ve activated your UKVI account and have your share code handy.

2. Be Cooperative

Provide the documents or digital access promptly — delays could cost you the property.

3. Know What’s Allowed

You only need to provide what's listed on the official GOV.UK checklist. Landlords can’t ask for extra documents outside of that list.

Common Misconceptions About Right to Rent

• “Only non-UK citizens are checked.” Not true - all adult tenants must be checked, no matter their nationality.
• “Checks are optional.” Wrong - they’re a legal requirement for anyone letting property in England.
• “One check is enough.” Only if the tenant has permanent status. If they have limited permission, landlords must recheck before it expires.
• “You can still use expired passports.” Not always. “Clipped” or cancelled passports are now invalid. Use up-to-date or officially valid documents only.

A Note on Broader Rental Reforms

The Renters Reform Bill will introduce new rules around tenancy types, Section 21 evictions, and notice periods. While it doesn’t change Right to Rent directly, it’s part of a wider effort to modernise the rental system - something both landlords and tenants should keep an eye on.

Want help with Right to Rent checks or need tailored guidance?

Call the The Letting Experts team on 033 33 44 99 15 or email hello@thelettingexperts.co.uk to speak with a local expert. Being a landlord comes with legal responsibilities, but with the right support, you can manage it confidently.

In the meantime, we've answered some of your common questions about right to rent.

FAQs

What documents prove Right to Rent?

British or Irish citizens can use a valid passport or birth certificate plus a supporting letter. Non-UK tenants must now use their UKVI digital profile via share code - BRPs and BRCs are no longer valid.

When should landlords do Right to Rent checks?

Before a tenancy begins (within 28 days of the start date). If the tenant has time-limited status, a follow-up check is required before expiry.

Can landlords refuse a tenant based on this check?

Yes - if a tenant doesn’t pass the Right to Rent check, you’re legally not allowed to let the property to them.

What are the penalties for not checking?

Fines of up to £20,000 per illegal tenant and possible criminal charges for repeat breaches.

What accommodation types are exempt?

Student housing from universities, council-allocated social housing, hostels, care homes, and tenancies with no rent are exempt.

What if a tenant thinks they were unfairly rejected?

They can contact the Home Office or get legal advice. Landlords must follow the legal process, but they can’t discriminate based on nationality or ethnicity.