Letting out a property in England comes with legal responsibilities. One of the most important is making sure your tenants have the legal right to rent in the UK. This isn’t just about paperwork—it’s a legal requirement under immigration law, and it all starts with checking the correct right to rent documents.
Failing to carry out these checks properly can lead to penalties of up to £3,000 per tenant and even criminal charges in severe cases. The good news? The process is straightforward when you know what to do. In this article, we at Housing Disrepair Experts provide a clear, simple, and updated 2025 checklist for landlords to help you stay fully compliant.
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What Does ‘Right to Rent’ Mean for Landlords in 2025?
The “Right to Rent” is a legal requirement introduced by the UK Government under the Immigration Act. It requires landlords to check that their tenants have legal permission to live in the UK.
In short, before renting out a property, landlords must confirm that all adult tenants (18 and over) have the right to live in the UK legally. If this check isn’t done correctly, the landlord, not the tenant, could be penalised.
This rule applies to:
- Private landlords
- Letting agents acting on behalf of landlords
- People subletting or taking in lodgers
When Are Landlords Required to Conduct Right to Rent Checks?
Landlords must carry out the Right to Rent checks:
- Before the start of a new tenancy
- Again, if the tenant has a time-limited right to rent (when their visa or status is temporary)
It’s crucial not to delay. According to the UK Government, checks must be done within 28 days before the start of the tenancy agreement. If the tenant has a time-limited status, follow-up checks are needed before the expiry date.
Read more: How to Check Immigration Share Code: A Complete Guide
Who Is Exempt From Right to Rent Checks?
Not every tenant needs to be checked. Here are the most common exemptions:
- Tenants under the age of 18
- Holiday rentals (under 3 months)
- Tenants in social housing
- Student accommodation provided directly by the institution
- Care homes, hospices, and hospitals
- Hostels and refuges
Even if a tenant appears exempt, it’s good practice to double-check documentation or consult legal guidance.
Valid Right to Rent Documents Landlords Must Check in 2025
Landlords must verify documents that show the tenant’s identity and immigration status. Documents are grouped into categories.
Here’s a simple table to help you navigate:
| Document Type | Examples |
| Group 1 (Unlimited Right to Rent) | UK or Irish passport, EEA ID card with settled status, Certificate of naturalisation, UK birth certificate + proof of residence |
| Group 2 (Time-Limited Right) | Biometric residence permit, Home Office visa, Work or student visa |
| Digital Check (Online) | Share code provided by the tenant + date of birth (via Home Office portal) |
Important: If the tenant’s documents are with the Home Office, landlords must use the Home Office’s online checking service using a share code.
How Can Landlords Verify the Documents Are Genuine?
Landlords don’t need to be document experts, but they do need to do some basic verification:
- Match the tenant’s face with the photo
- Check document expiry dates
- Look for spelling errors or signs of alteration
- Ensure names and details are consistent
- Cross-check dates of birth and nationality
You should always:
- Make clear, legible copies of each document
- Note the date the check was completed
- Keep copies in a secure file for at least one year after tenancy ends
Read more: How to Rent Guide 2025: A Comprehensive Checklist for Landlords & Tenants
How Should Landlords Store and Manage These Documents?
Managing documents properly helps avoid future problems and shows you’re doing your job as a responsible landlord.
Key storage rules:
- Digital or physical copies are acceptable
- Store all files securely, in compliance with GDPR
- Label each file with the tenant name and the check date
- Use folders for each tenancy to stay organised
What Happens if a Tenant Doesn’t Have Valid Documents Right Away?
According to Home Office guidance, if a tenant is unable to provide valid documents because they are awaiting an immigration decision or their documents are currently with the Home Office, landlords are still required to take action before proceeding with the tenancy.
In these cases, landlords should:
- Ask for the Home Office reference number
- Use the Landlord’s Checking Service to request a decision
- You’ll get a response (usually within two working days)
Until you receive confirmation, don’t let the tenant move in. Doing so could be considered an illegal act.
Case Study: Importance of Conducting Right to Rent Checks
In 2023, a landlord in Manchester faced a situation where a prospective tenant, Mr. A, was unable to provide valid immigration documents. Mr. A explained that his documents were with the Home Office due to a pending visa application and provided a Home Office reference number.
The landlord, aware of the legal obligations under the Right to Rent scheme, utilised the Home Office’s Landlord Checking Service to verify Mr. A’s right to rent. Within two working days, the landlord received confirmation that Mr. A had a time-limited right to rent.
By following the correct procedure, the landlord ensured compliance with the law and avoided potential penalties. This case underscores the importance of using the Landlord Checking Service when tenants cannot provide valid documents.
For detailed guidance on conducting Right to Rent checks, please refer to the official UK government resource: How to do a check. (GOV.UK)
Can a Letting Agent Carry Out the Checks on Behalf of a Landlord?
Yes—but only if it’s agreed in writing.
If you’re using an agent:
- Include clear terms in your agreement stating that the agent will conduct Right to Rent checks
- Make sure they share copies of all verified documents with you
- Ultimately, the responsibility is shared, but the landlord can still be penalised if checks are missed
What Are the Penalties for Getting Right to Rent Checks Wrong?
According to official UK Government guidelines, landlords who fail to conduct proper Right to Rent checks can face
- Civil penalties up to £3,000 per illegal tenant
- Criminal charges in severe or repeated cases
- Potential eviction issues and loss of property licensing
- Damage to the landlord’s reputation
Avoid penalties by keeping detailed records and doing checks early and consistently.
Are There Changes to the Right to Rent Process for 2025?
Some key updates for 2025 include:
- Wider use of digital identity verification for foreign nationals
- More landlords are opting for online checks instead of physical document copies
- Increased fines announced for non-compliance (be sure to check updated government guidelines)
Despite digital trends, physical documents are still valid, but you must make clear copies and record check dates.
What Should Landlords Do Next?
Letting property isn’t just about finding tenants—it’s about doing it right. Proper checks of right to rent documents protect you from legal risk and help ensure a smooth tenancy from day one.
At Housing Disrepair Experts, we bring over 40 years of combined legal experience in supporting tenants across the UK. Our team includes qualified legal professionals who specialise in housing disrepair and tenant rights, ensuring you receive accurate, up-to-date, and legally sound advice.
Why clients trust us:
- SRA-regulated legal professionals on staff
- No Win, No Fee options to reduce financial stress
- Tailored support for complex housing and rental issues
- Deep knowledge of UK housing law, including Right to Rent regulations
- Clear, jargon-free communication at every step
What our clients say:
“Outstanding service! They were quick to respond and handled my case with the utmost professionalism. I was living in terrible conditions, but they fought for me and won my compensation claim. Couldn’t recommend them enough.”
– Alice O’Connell
“I was struggling with constant delays in getting repairs done by my landlord. This service was a lifesaver! They helped me claim compensation and got the repairs moving fast. Couldn’t be happier with the outcome. Highly recommended!”
– Sarah Jenkins
We don’t just handle claims—we empower you with legal insight to protect your rights and living conditions. With personalised guidance and a proven track record, we are committed to delivering outcomes that matter.
Need help understanding your Right to Rent or housing disrepair claim? Contact us today for professional support you can trust.
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Disclaimer
“This article is for informational purposes only and does not constitute legal advice. For tailored guidance, contact our legal team.”
