Right to Rent Checks: Your Legal Obligation
How to conduct right to rent checks correctly
Right to rent checks are a legal requirement before any tenancy starts. Here's how to do them correctly.
What Are Right to Rent Checks?
You must verify that your tenant has the legal right to rent property in the UK. This applies to ALL tenants, regardless of nationality.
When to Check:
BEFORE the tenancy starts. You cannot let someone move in without completing this check.
Acceptable Documents:
List A (Unlimited right to rent):
- British passport
- Irish passport
- EU Settlement Scheme status
- Indefinite leave to remain
List B (Time-limited right to rent):
- Valid visa in foreign passport
- Biometric residence permit
- Immigration status document
How to Check:
1. See original documents (not copies)
2. Check in person (or via video call)
3. Verify they're genuine (check security features)
4. Take copies of documents
5. Record the date of check
What to Copy:
- Passport: front cover and photo page
- Visa: visa page showing expiry
- BRP: both sides
Record Keeping:
Keep copies for:
- Duration of tenancy
- Plus 12 months after tenancy ends
Joint Tenancies:
Check EVERY adult who will live in the property.
Penalties for Non-Compliance:
- Civil penalty up to £3,000 per tenant
- Criminal prosecution in serious cases
- Cannot serve Section 21 notice
Follow-Up Checks:
If tenant has time-limited right to rent, you must check again before their permission expires.
Top Tips:
✓ Check before taking deposit or signing agreement
✓ Use the Home Office checking service for online verification
✓ Keep clear records with dates
✓ Check all adults, not just lead tenant
What If Tenant Can't Provide Documents?
- They can use Home Office online checking service
- You can verify their status via share code
- Never let someone move in without completing checks
Follow the step-by-step pathway
A pathway walks you through this process from start to finish. What to do, in what order, with the right documents at each stage.
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Guidance only. Landlord Handbook provides practical information to help landlords understand their responsibilities. It is not legal or financial advice. Always check the latest GOV.UK guidance and seek professional advice where appropriate.