As a tenant in the UK, one of the most important legal processes you need to understand is the Right to Rent in the UK. Whether you are renting for the first time or have been through the process before, ensuring you are fully aware of your rights and responsibilities is essential to avoid unnecessary complications with your landlord or letting agent. Many tenants are unaware of what is involved in a Right to Rent check, and as a result, could face delays or even be denied the ability to rent.
If you’re in a situation where you’re unsure about the Right to Rent, or if you’re facing housing disrepair and need to understand your legal standing, Housing Disrepair Experts are here to guide you. With our knowledge and expertise, we’ll help you navigate this important process and protect your rights as a tenant.
Table of Contents
1. What is Right to Rent in the UK?
Right to Rent is a regulation in England that requires landlords and letting agents to check that prospective tenants have the legal right to live in the UK before they sign a rental agreement.
The Right to Rent scheme was introduced under the Immigration Act 2014 and implemented across England in 2016. This regulation requires landlords to check the legal status of tenants before renting a property. It was designed to help prevent illegal immigration by ensuring that only individuals with lawful status can rent homes in England (source: gov.uk)
Key Facts About Right to Rent:
- The regulation applies only to England and does not extend to Scotland, Wales, or Northern Ireland.
- The main purpose of this policy is to make it harder for people to live and work illegally in the UK.
- Landlords and letting agents are required to verify a tenant’s identity and immigration status before the start of a tenancy. (source: gov.uk)
Right to Rent checks are essential to ensure that the tenancy is legally compliant and that tenants have the appropriate documentation to reside in the UK.
2. Who Needs to Undergo a Right to Rent Check in the UK?
The Right to Rent checks apply to all potential tenants who are 18 years or older, regardless of whether they are named on the tenancy agreement or not. This includes anyone who will be living in the property, even if they are not directly listed in the lease. It’s important to note that if a tenant has family members or roommates living with them, those individuals will also need to undergo the check.
- All prospective tenants aged 18 and over.
- Anyone living in the rental property, even if not named on the tenancy agreement.
- Subtenants and occupants: If you’re subletting or have additional people living in the property, they too will need to be checked.
The check must be completed before the start of the tenancy to ensure that all individuals in the property have the right to rent in the UK.
3. How Does the Right to Rent Check Work?
The Right to Rent check is a relatively simple process that involves confirming the identity and immigration status of the prospective tenant. There are several steps involved, and tenants should be prepared to provide documentation to support their legal status.
Here’s How the Right to Rent Check Works in the UK:
- Provide Identification:
The tenant must provide original identification documents to prove they have the right to live in the UK. This can include:
- Passports (for UK citizens or foreign nationals).
- National ID cards (for citizens of the European Economic Area).
- Residence permits (for those with indefinite leave to remain or time-limited visas).
- Checking the Documents:
The landlord or letting agent must inspect the documents to ensure they are original and valid. This can be done in person or through an Identity Service Provider (IDSP), which is a third-party provider approved by the government to conduct digital checks.
- Online Right to Rent Check (For Overseas Tenants):
If the tenant is from outside the UK, they can generate a share code from the Home Office. This share code allows letting agents to verify the tenant’s status online through the Home Office system in real-time.
While the Right to Rent check is intended to prevent illegal immigration, its implementation has led to some unintended consequences. A study by the Home Office showed that some landlords, fearing penalties for non-compliance, have been reluctant to rent to individuals without British or EU nationality, even when they are legally entitled to rent. This has raised concerns about discrimination in the housing market.
Timeframes for Right to Rent Check:
- Documents from List A (e.g., UK passport):
These documents can be checked well in advance of the tenancy’s start date. - Documents from List B (e.g., student visa):
These documents require a check to be performed within 28 days before the start of the tenancy.
4. What Happens if the Right to Rent Check Fails?
If a tenant fails the Right to Rent check, they are not legally allowed to rent the property. In such cases, landlords or letting agents must notify the Home Office. Depending on the situation, tenants may need to provide additional documentation or proof of their immigration status to continue the rental process.
Consequences of Failing the Right to Rent Check:
- Tenant Denied the Right to Rent:
The tenant will not be able to proceed with the rental agreement. - Report to the Home Office:
If the tenant fails the check, the landlord is required to inform the Home Office, which could result in fines for the landlord if they continue with the tenancy.
What Can Tenants Do?
- If a tenant is unable to pass the check due to missing or incorrect documentation, they can appeal the decision or supply further proof of their right to live in the UK.
- Housing Disrepair Experts can assist tenants in these situations, ensuring that the correct documentation is provided and supporting the tenant’s case in appealing the decision if needed.
Landlords and letting agents can face civil penalties up to £5,000 per lodger and £10,000 per occupier for a first breach of the Right to Rent scheme. Repeat breaches can lead to fines of up to £20,000 per occupier. (source: gov.uk)
5. What Are the Responsibilities of Letting Agents Under Right to Rent?
Letting agents and landlords have specific legal duties when it comes to conducting Right to Rent checks. Their responsibilities go beyond simply verifying the tenant’s identity; they are also obligated to ensure compliance with all legal requirements.
Key Responsibilities of Letting Agents:
- Conducting Right to Rent Checks:
Letting agents must perform the Right to Rent check on all prospective tenants aged 18 and over. This check must be done before the start of the tenancy. - Document Verification:
They must verify original identification documents from the tenant and ensure they are legitimate and in the correct format. - Record Keeping:
Letting agents are required to maintain records of all checks made, including a copy of the tenant’s documents and the date of the check. This can be crucial in the event of a future dispute or investigation. - Follow-Up Checks:
Suppose a tenant’s visa or immigration status is time-limited (e.g., a student visa. In that case, In that case, the letting agent must conduct follow-up checks before the document expires to ensure the tenant still has the right to remain in the UK.
Failure to Comply:
If a letting agent fails to conduct the proper Right to Rent check, they risk significant penalties, including fines. It’s in both the tenant’s and landlord’s best interests to ensure these checks are carried out thoroughly to avoid complications.
If you believe your letting agent has failed to properly execute the Right to Rent checks, it’s important to seek professional advice to ensure your tenancy remains valid.
6. How Does Right to Rent Affect Subletting?
Subletting can sometimes create confusion when it comes to the Right to Rent process. If you’re a tenant who plans to sublet part or all of the property you rent, you must still ensure that anyone living in the property, including subtenants, has passed a Right to Rent check.
- Tenant Responsibility:
As the primary tenant, you are responsible for carrying out the Right to Rent check on your subtenant. This ensures that anyone living in the property has the legal right to stay in the UK. - Landlord’s Role:
In some cases, your landlord might agree to conduct the Right to Rent checks on your behalf. However, this arrangement must be in writing and documented to protect both parties. - Failure to Check Subtenants:
If you fail to conduct the Right to Rent check for your subtenant, you may be held accountable for any legal violations, including fines. The subtenant’s Right to Rent status must be properly documented.
Best Practices for Subletting:
- Always get written consent from your landlord before subletting.
- Conduct a thorough Right to Rent check on any subtenant.
- Retain proof of the check and any agreements with your landlord for your own protection.
Read more: How to Rent Guide 2025: A Comprehensive Checklist for Landlords & Tenants
7. What Are the Consequences of Subletting Without the Right to Rent Checks?
Subletting without completing the necessary Right to Rent checks is a serious issue that can lead to significant legal consequences. As the primary tenant, you are responsible for making sure your subtenant has the legal right to live in the UK.
Potential Legal Risks of Subletting Without Proper Checks:
- Fines and Penalties:
If you fail to carry out the Right to Rent check on your subtenant, you could be fined by the Home Office. This could range from a civil penalty to more severe consequences if the Home Office deems the violation intentional. - Eviction Risk:
If it’s discovered that the subtenant does not have the legal right to live in the UK, the landlord may be forced to end the tenancy. In such cases, the primary tenant could face eviction or other legal actions.
What You Can Do:
- Always ensure you check the Right to Rent status of your subtenant.
- Document all agreements and retain proof of compliance.
- If you are unsure about the process, reach out to Housing Disrepair Experts for legal advice.
8. What is the Home Office Share Code System, and How Does it Help?
For tenants who are not British citizens or Irish nationals, the Home Office has implemented an online system to verify their Right to Rent status quickly and efficiently. The share code system allows overseas nationals to provide a simple and convenient way for letting agents to verify their immigration status. How the Home Office Share Code System Works:
- Generate Your Share Code:
Tenants can create a share code from the Home Office website by providing their personal details and immigration information. - Share Code for Verification:
This code is then shared with the letting agent, who can use it to check the tenant’s right to rent in the UK through the Home Office’s real-time system. - No Need for Physical Documents:
This system streamlines the process for tenants, as it removes the need to physically present documents, which can be a time-consuming and stressful process.
Advantages of the Share Code System:
- It is an efficient way to prove your right to rent without needing to provide original documents in person.
- The process is fast and reduces delays in securing your tenancy.
Read more: What Steps Should You Take to Verify the Right to Rent Share Code in Your Rental Agreement?
9. How Does Right to Rent Affect Tenants with Time-Limited Stay?
For tenants who are in the UK on a time-limited visa, such as a student or work visa, the Right to Rent process is slightly more involved. This is because your permission to stay in the UK will expire after a certain period, and landlords and letting agents are legally required to verify your status throughout your stay.
What You Need to Know:
- Follow-up Checks Required:
If your immigration status is time-limited (e.g., a student visa or temporary work permit), your landlord or letting agent must conduct follow-up checks once your documentation is close to expiring. - Tenant’s Responsibility:
As the tenant, you must ensure that your landlord or letting agent is aware of your current immigration status and when it expires. If there are any changes to your visa or residency status, inform them immediately. - Landlord’s Obligation:
If the letting agent or landlord fails to carry out the necessary follow-up checks, they could be fined. If the check shows that your right to rent has expired, the landlord must notify the Home Office and may need to end the tenancy.
What Happens if You Lose the Right to Rent?
- Home Office Notification:
If follow-up checks reveal that you no longer have the right to stay in the UK, your landlord must report the finding to the Home Office. You may be asked to vacate the property within 28 days, depending on the circumstances. - Tenant Protections:
Tenants who hold certain immigration statuses, like indefinite leave to remain or settled status, do not require follow-up checks, which provides greater security for those with permanent rights to reside in the UK.
10. What Should You Do If You Have an Ongoing Immigration Case?
For tenants whose immigration status is under review or awaiting a decision from the Home Office, the Right to Rent process can be a bit more complicated. If your documents are delayed or being processed by the Home Office, your letting agent can still perform a check, but the process may involve additional steps.
What You Should Do:
- Contact the Home Office:
If your documents are with the Home Office due to an ongoing immigration case, you can ask your letting agent to request a Right to Rent check through the Home Office helpline. You will need to provide your Home Office reference number for them to carry out the check. - Provide Temporary Documentation:
In some cases, the Home Office may issue a temporary letter or document confirming your legal right to rent while your case is pending. Ensure your landlord or letting agent is aware of this document and accepts it as valid until your official documents are processed. - Keep Records:
It’s essential to keep copies of any correspondence with the Home Office or documents confirming your immigration status while awaiting a decision.
In 2019, the High Court ruled that the Right to Rent scheme was incompatible with human rights law, particularly in relation to racial discrimination. The Court of Appeal partially upheld this ruling, noting that the scheme could make it more difficult for ethnic minorities to secure rental housing. This ruling emphasises the ongoing debate regarding the balance between immigration control and tenant rights. (source: Leighday)
How Can Housing Disrepair Experts Help You Navigate Right to Rent in the UK?
Understanding the Right to Rent in the UK is crucial for every tenant, especially in a rental market that is constantly evolving. If you’re facing issues with housing disrepair, uncertainty about your Right to Rent status, or simply need professional advice on navigating the legal complexities of renting, Housing Disrepair Experts are here to guide you through the process.
With over four decades of experience in protecting tenant rights, we specialise in providing tailored solutions to ensure your living conditions are safe, your rights are upheld, and you achieve the compensation you deserve. Our dedicated team works tirelessly to resolve issues swiftly, offering affordable options, including Legal Aid and No Win, No Fee arrangements.
Client Testimonials:
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At Housing Disrepair Experts, we are committed to offering personalised legal advice to guide you through every step of the process. Our team’s expertise ensures you can secure a safe, legally compliant, and comfortable living environment.
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If you’re unsure about your Right to Rent status or need assistance with housing disrepair claims, don’t hesitate to contact us. Our team of experts is ready to provide the support and guidance you deserve. Let us help you protect your home and secure the outcome you deserve.
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