What is a Right to Rent check?

This is when a prospective adult occupant of a rental property shows their identity documents in person to a landlord or letting agent. This is a similar checking process to presenting your passport (and visa) to a border control officer at an immigration check point.

The landlord/letting agent must take a copy of the documents seen, and record the check being completed. If a tenant has a time limited right to rent (e.g. a visa or Biometric Residency Permit with an expiry date) then the check must be done within 28 days of the tenancy start date and the visa must be valid for the proposed tenancy start date. 

What does Right to Rent mean for me?

Right to Rent was introduced under the Immigration Act 2014 and it is really important for both tenants and landlords to understand the implications of this act.

It places restrictions on illegal immigrants accessing rented accommodation in England by making all adult occupants prove they are in the UK legally before being granted a tenancy. This is done through a process called a Right to Rent check.

What are the landlord's/agent's responsibilities?

The landlord/agent must:
Check all adult tenants who will live in the property as their only or main home (proof of settlement status granted will be required)
Ask tenants for the original documents that show they have the right to be in the UK
Check the original documents with the tenant physically present and ensure they are valid
Make copies of the original documents and record when the check was completed
Conduct follow up checks at the appropriate time (e.g. repeat the check when a tenant's visa expires)
If follow up checks reveal that an occupant in a rental property no longer has a valid ‘Right to Rent' then the landlord/lettings agent must report that person to the Home Office.

What documents are acceptable?

Acceptable documents that a tenant can use to demonstrate their identity and Right to Rent are dependent on their nationality.

Options for EEA/Swiss citizens are:

(proof of settlement status granted will be required)

Valid Passport 
valid EEA*/Swiss national ID card
combination of valid UK driving licence & original UK birth certificate (British citizens only)
*Countries in the EEA are: Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden & the UK

Options for all other nationalities are a combination of passport and a valid visa or Biometric Residence Permit (BRP).

If I don't have my documents what are the consequences?

Occupation of a rental property is conditional on all adult occupants demonstrating a valid Right to Rent prior to the tenancy start date. If any adult occupant fails to present themselves and their original documents proving a valid Right to Rent then all occupants may be denied access to the rental property until this requirement is satisfied.

Proving your right to work or rent

If you want to show someone your status, you can get a share code on GOV.UK. It's a good idea to print or write down the code when you get it.
You can give your share code to someone who needs to check your status - for example, a landlord or an employer.
This code is only valid for 30 days - if it isn’t used within the 30 days you will need to get a new one. Your decision letter is not proof of your status. 
Landlords, employers and local councils can check your status online if you give them a share code.
If your employer or landlord checked your status before 1 July 2021 and they want to do it again, this could be discrimination - unless they’re doing it for every employee or tenant. Talk to an adviser if you think you’ve been discriminated against.

Want to know more?

Right to Rent checks have been introduced as part of wider Government reforms to the immigration system. For more information visit the Home Office website.