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In 2020, more than 2.1 million checks were carried out under the UK’s Right to Rent scheme, making it a vital process for landlords.
Ensuring tenants have a legal right to reside in the UK isn’t just a matter of complying with the law—it forms a crucial part of your duties as a landlord. Failure to check a tenants right to rent can also have serious consequences, including fines of up to £3,000 per tenant.
However, with 91% of landlords aware of this obligation, right-to-rent checks are well known, but ensuring they are carried out correctly is key. In this guide, we’ll cover the straightforward and speedy methods for checking a tenant’s right to rent and confirming that all legal obligations have been met.
What Is the Right to Rent?
The UK government set up the Right to Rent scheme to stop people living in the country illegally. Under this scheme, landlords are required to establish that their tenants have the legal right to reside in the UK before they can move in. This means landlords must verify their tenants’ immigration status.
The Right to Rent also protects tenants from discrimination, ensuring they have a safe and legal place to live. For landlords, these checks are not simply best practices—they are a legal requirement that comes with severe penalties for non-compliance.
In 2020, 91% of landlords in the UK reported being aware of their obligation to undertake these checks (GOV.UK). However, just being aware isn’t enough; knowing how to check a tenants right to rent and do so legally is a great way to avoid potential costs and conflicts with the law.
Why You Need to Check a Tenants Right to Rent
There are several reasons why landlords should check a tenants right to rent:
- Legal Obligation: They are required by law, as per the Immigration Act 2014. If a landlord does not perform a Right to Rent check, they can be fined up to £3,000 for each tenant (GOV.UK).
- Avoid Discrimination: According to the research conducted by the Joint Council for the Welfare of Immigrants (JCWI), 10% of landlords discriminate against non-British tenants because of Right to Rent checks. These verifications must be performed correctly and lawfully, or else there is a risk of a potential court case.
- Protecting Your Business: Avoiding a right-to-rent check on your tenants can cause serious financial and reputational harm. Almost 42% of landlords across the UK said that they would avoid letting an applicant who could not provide evidence of their right to rent (Nearly Legal).
By checking a tenant’s right to rent, you not only avoid legal trouble but also help ensure that the rental market is fair and legal.
Read more: Tenant Rights Without a Written Lease in the UK: A Complete Guide
Step-by-Step Guide on How to Check a Tenants Right to Rent
Here are the steps to ensure you are carrying out a valid Right to Rent check:
Step 1: Request Documentation
The first step to verifying a tenant’s right to rent involves requesting the relevant documents. These include:
- Passport (for UK nationals or foreign nationals with leave to remain)
- Biometric Residence Permit (for non-EU nationals)
- National Identity Card (for EU nationals, although this is now limited after Brexit)
It is crucial to ask for the original copies, as photocopies and digital versions are unacceptable.
Step 2: Verify the Documentation
After you receive the documents, carefully verify them. Look for:
- Names and dates of birth are accurate
- Expiry dates (check that the tenant’s right to remain in the UK has not expired)
- Authenticity (look for watermarks, fonts and other signs of legitimacy)
Step 3: Conduct the Online Check
You can perform it online through the GOV.UK website if your tenant is a non-British national. This enables landlords to check a tenant’s immigration status, without needing to manage the physical documents.
Ask the tenant for their share code from the online service so that you can verify their information. This is a quick and dependable method of checking their right to rent.
Step 4: Keep Detailed Records
Be sure to keep copies of the documents and records of the checks you have done. Legally landlords must keep these for a minimum of one year after the tenancy has ended. And getting your accounts wrong could land you with penalties.
Step 5: Periodic Checks (If Necessary)
Conduct periodic checks if the tenant’s right to remain in the UK is time-limited. If a tenant’s visa is due to expire during the term of the tenancy, for example, you should check their status again before it expires.
Here’s a table that summarizes the key documents required and the process for checking a tenant’s right to rent.
| Step | Action | Required Documents |
|---|---|---|
| 1. Request Documentation | Ask the tenant to provide original documents to verify their immigration status. | – Passport (for UK nationals or foreign nationals with leave to remain) – Biometric Residence Permit (for non-EU nationals) – National Identity Card |
| 2. Verify Documentation | Check the documents for authenticity, correct names, expiry dates, and other relevant details. | N/A |
| 3. Conduct Online Check | If applicable, use the online GOV.UK tool for additional verification. | Tenant’s share code provided for online check |
| 4. Record Keeping | Keep copies of the documents and records of the checks for at least one year after the tenancy ends. | Copies of all documents provided and proof of check |
| 5. Periodic Checks | If a tenant’s right to remain is time-limited, conduct periodic checks before expiry. | Relevant documents (e.g., updated passport or biometric permit) for online verification if applicable |
Read more: How to Claim Compensation from Landlord: A Step-by-Step Guide
Common Mistakes to Avoid When Checking Tenant’s Right to Rent
Even though the Right to Rent checks are fairly straightforward, some landlords do make common mistakes. Here’s how to avoid them:
Mistake 1: Not Keeping Adequate Records
Keep all documentation safely filed and ensure you have a record of each check. They will protect you in the event of being audited or fined.
Mistake 2: Ignoring Discrimination Risks
Make these checks, but do not discriminate against non-British tenants. The JCWI has found that some landlords are refusing to rent to tenants based only on their nationality or immigration status. Make sure you apply your checks even-handedly.
Mistake 3: Relying Only on Paper Documentation
Paper verification is important, but don’t disregard the online verification platforms. This safeguard is complemented by online verifications, which deliver not only more accuracy in real time but also a more efficient process. We recommend using both methods to ensure you’re compliant with everything.
Understanding Your Renter Tenant Rights in the UK
You are entitled to a safe, secure and habitable space as a tenant. You also have a right to privacy and protection from eviction without due process of law. These rights include the Right to Rent check, which means that your landlord is legally obliged to treat you equally and not discriminate against you based on your nationality.
If you feel your landlord is not protecting your rights, it’s important to know your legal resources. Always remember that you can consult legal professionals who specialize in housing disrepair and tenant rights.
How to Stay Compliant with Right to Rent Checks
You’ll also want to consider what you can do for compliance:
- Hiring Tenant Rights Experts: If you are uncertain how to proceed, consider seeking the expertise of a tenant rights attorney or legal expert. They will be able to teach you how to run the checks correctly and what mistakes to avoid.
- Using Technology: Utilize online verification services from government sources to simplify your verification process and reduce the possibility of mistakes.
A proactive approach allows you to keep your rights as a landlord and the rights of your tenants safeguarded.
Conclusion
Right to rent checks are a straightforward but crucial task for every UK landlord. Following the steps presented in this guide will help you stay on the right side of the law and avoid massive fines from the government, while ensuring your tenants can live in a safe and legal environment. Struggling with housing disrepair or need legal advice on your tenant rights? We are here to help you and guide you in your responsibilities as a landlord to your tenants and maintain their rights as well.
Don’t risk non-compliance. Contact Housing Disrepair Experts for expert guidance on housing disrepair claims and tenants’ rights. Start your journey to worry-free renting today!
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