As a landlord, it’s your legal responsibility to carry out Right to Rent checks on all prospective tenants. Failing to do so can result in fines of up to £3,000 per tenant, and in serious cases, even criminal penalties.
Understanding and following the correct process will protect you from legal trouble and ensure your tenancy starts on the right foot.
What Are Right to Rent Checks?
Right to Rent checks were introduced under the Immigration Act 2014. They require landlords to verify that all adult tenants have the legal right to live in the UK before letting them move in.
This applies to:
- Private landlords
- Letting agents
- Anyone subletting a property
Step-by-Step Guide to Right to Rent Checks
1️⃣ Request and Verify ID
- Check official documents such as passports, biometric residence permits, or visas.
- Ensure the documents are original, valid, and belong to the tenant.
2️⃣ Use the Government’s Online Right to Rent Check
- If the tenant has a digital immigration status, use the UK Government’s online checking service.
- The tenant must provide a share code for you to verify their status.
3️⃣ Take Copies and Record the Check
- Keep clear copies of all documents.
- Note the date of the check and store the records for at least 12 months after the tenancy ends.
4️⃣ Follow Up If Necessary
- If a tenant has a time-limited right to rent, you must conduct a follow-up check before their visa expires.
- If they no longer have the right to rent, you must report it to the Home Office to avoid penalties.
Common Mistakes That Could Cost You
🚫 Accepting a photocopy instead of the original document.
🚫 Forgetting to date and securely store document copies.
🚫 Not conducting follow-up checks for tenants with expiring visas.
🚫 Failing to check all adults living in the property.
Are You Handling Tenant Data Correctly?
Because Right to Rent checks involve storing personal information, landlords must be registered with the Information Commissioner’s Office (ICO) to comply with data protection laws.
If you hold tenant details electronically or on paper, you are a data controller and must follow UK GDPR guidelines to avoid fines.
If you’re unsure whether your process is fully compliant, we can help. Making mistakes can be costly, but getting it right is simple with the right guidance.