All Landlords (and agents acting on their behalf) must carry out right to rent checks on prospective tenants. This applies to all tenants aged 18 and over, irrespective of whether they are named on the tenancy agreement. At present, this legislation (The Immigration Act, updated 1st February 2016) only applies to properties rented in England, and not the rest of the UK.
In essence, a person has the right to rent if they have the right to live in the UK. However, it is important to undertake checks on every prospective tenant, not just those you suspect may be from outside the UK, to avoid discrimination. Occupiers of student accommodation are exempt from right to rent checks.
How to complete Right to Rent checks
There are 2 main ways to verify tenants’ right to rent status:
- Original documentation: such as a passport, registration (or naturalisation) certificate, or immigration documents.
You will need to complete the following:
- Check the documents are originals, are in a readable condition, and contain the correct details for the tenants.
- Carry out document checks with the tenant(s) present and include verification of photo ID
- Check for any name changes and request supporting documentation (e.g. marriage certificate / divorce decree)
- Use an online identity service provider (IDSP) if you are unable to check physical documents
- Make and keep a copy of the documents, and a note of the date you made the check
- Online check with a Share Code
You can ask your tenant(s) to give you their share code if any of the following apply:
- They have a biometric residence card or permit
- They have settled, or pre-settled status
- They have applied for a visa using the ‘UK Immigration ID Check’ app
Once you have the share code, you can check right to rent status via the government website (https://www.gov.uk/view-right-to-rent). You will be taken through to the tenant’s profile page to view the results. You will then need to save, record and date your check as above.
It is important to remember that processing and storing personal information falls under data protection law. Please ensure you are familiar with the regulation and requirements governing this.
What if a tenant has neither of these?
For tenants who don’t have original documents or access to a share code, you can use the landlord’s checking service via the Home Office. They may still have the right to rent, for example if:
- The Home office has their documents
- They have an outstanding case or appeal
- They have been granted permission to rent by the Home Office
You must not proceed with renting a property to tenants who don’t pass any of the above checks.
How long do the checks last?
For tenants who don’t have UK citizenship or indefinite ‘leave to remain’, you will need to check their permission to stay hasn’t ended. This may include those with time-limited visas, or who have ‘pre-settled status’ (PSS), usually granted for an initial five-year period.
It is advisable to repeat right to rent checks once a year, making sure there haven’t been any changes to the occupants since the last check. You will also need to check any child occupants who turn 18 during the tenancy, and agree whether they will become a named tenant or ‘permitted occupant’.
How strict are the rules on checking tenants?
It is a legal requirement for landlords in England to check tenants’ right to rent status. This is to help control illegal immigration and ensure that limited housing is occupied by those permitted to reside in the UK. The responsibility for checking can be passed to an agent, but this must be agreed in writing, and cannot be passed onto another third party.
The consequences for failing to complete satisfactory checks are fines (which have recently increased) or up to 5 years in prison. Therefore, if you are in any doubt or have unanswered questions, it is always best to get advice.
