Right to Rent Requirements in the UK

Introduction

The Right to Rent scheme is a legal requirement in the UK that obligates landlords to check the immigration status of prospective tenants to ensure they have the right to rent property in England. This page provides an overview of the Right to Rent requirements and what landlords and tenants need to know to comply with the law.

What is the Right to Rent?

The Right to Rent scheme was introduced as part of the Immigration Act 2014. It mandates that landlords in England verify the immigration status of all adult tenants to ensure they have the legal right to rent residential property in the UK.

Who Needs to Comply?

• Landlords: Must carry out the checks on all new adult tenants.
• Tenants: Must provide necessary documents to prove their right to rent.

Required Documents

Tenants must provide one of the following documents to demonstrate their right to rent:

Acceptable Single Documents

• A passport (current or expired) showing the holder is a British citizen or a citizen of the UK and Colonies having the right to abode in the UK.
• A passport or national identity card showing the holder is a national of the EEA or Switzerland.
• A registration certificate or document certifying permanent residence issued by the Home Office to a national of the EEA or Switzerland.
• A permanent residence card issued by the Home Office to the family member of a national of the EEA or Switzerland.
• A current biometric immigration document issued by the Home Office indicating that the person named has indefinite leave to remain in the UK or has no time limit on their stay in the UK.

Acceptable Document Combinations

If a tenant does not have a single document that proves their right to rent, they can provide two documents from the following list:

• A birth certificate issued in the UK, the Channel Islands, the Isle of Man, or Ireland.
• A letter issued within the past 3 months from an employer confirming employment in the UK.
• Evidence of current or previous service in HM armed forces.
• A letter from a UK educational institution confirming the student’s status.
• A current driving licence (photocard) issued by the UK, Channel Islands, the Isle of Man, or Ireland.

How to Conduct a Right to Rent Check

Step 1: Obtain Documents

Landlords must obtain original versions of one or more acceptable documents from the tenant.

Step 2: Check Validity

• Verify that the documents are genuine and belong to the tenant.
• Check that the documents allow the tenant to reside in the UK and are valid on the day of the check.
• Check that the photos on the documents match the tenant’s appearance.

Step 3: Make Copies

• Make and retain copies of the documents, and record the date on which the check was made.
• Copies should be clear and in a format that cannot be altered, such as PDF or JPEG.
• Retain copies for the duration of the tenancy and for at least one year after the tenancy ends.

Step 4: Follow-Up Checks

If a tenant has a time-limited right to rent, landlords must conduct follow-up checks before the expiry date of the tenant’s right to stay in the UK.

Penalties for Non-Compliance

Landlords who fail to carry out Right to Rent checks can face penalties, including:

• Civil penalties of up to £3,000 per tenant.
• Potential criminal charges for repeat offenders, which can result in an unlimited fine or a prison sentence of up to five years.

Further Information and Assistance

For more detailed guidance, landlords and tenants can refer to the official government website or seek legal advice if needed.

• Official Government Guidance: UK Government Right to Rent
• Contact Information: For further assistance, you can contact the Home Office’s Landlord’s Helpline at 0300 069 9799.

By following these guidelines, landlords can ensure they comply with the Right to Rent requirements and avoid potential penalties, while tenants can be prepared with the necessary documentation to secure their rental accommodation.