How to Check a Tenant’s Right to Rent in Prime Central London

As a Central London landlord, your chances of encountering overseas tenants are high. The international schools, consulates and lifestyle of Knightsbridge, South Kensington, Belgravia and Mayfair have long appealed to expats. They may live here permanently or for a limited time only, and their status will dictate the way you conduct a landlords Right to Rent check. 

Failure to carry out checks could result in fines of up to £20,000 per tenant or even imprisonment. Our guide outlines what you need to do. 

What Is ‘Right To Rent?’ 

The 2016 Right to Rent legislation is designed to prevent illegal immigrants from renting and has given landlords new responsibilities. Anyone aged 18 or over wishing to rent property in England and Wales must prove they are legally entitled to do so before the tenancy begins. 

Who Is Responsible For Right To Rent Checks? 

Ultimately, legislation makes Right to Rent checks the landlord’s responsibility. You’re legally obliged to check the government identity papers of anyone renting your property as their main home. While some landlords are happy to check someone’s right to rent, this responsibility can be delegated to a letting agent.  

In instances where the superior landlord has agreed to subletting, the occupying landlord (the tenant) is responsible for conducting a Home Office Right to Rent check. The occupying landlord can also delegate checks, with written approval, to the superior landlord or their letting agent. 

When Should I Conduct Right To Rent Checks? 

You must conduct a landlords Right to Rent check during the 28 days before your tenant’s agreement begins. If the tenant has a time-limited immigration status, you must also carry out a follow-up check during the tenancy. 

Who Has A Right To Rent? 

Depending on their immigration status, potential tenants fall into three groups: 

• those with an unlimited right to rent, including British citizens and citizens of the European Economic Area (EEA), EU or Switzerland who have indefinite leave to remain 
• those with a time-limited right to rent, people who have a UK visa 
• those who have no right to rent 

Following Brexit, EU, EEA and Swiss citizens lawfully living in the UK on or before 31st December 2020 can continue to do so but should have applied to the EU Settlement Scheme to continue living in the UK after 30th June 2021. Those coming to live in the UK after 1st January 2021 should apply for a visa. 

How To Carry Out Checks 

Before letting out a property to new tenants, a landlord checking Right to Rent status must: 

1. Find Out Who Will Be Living At The Property 

All tenants over 18 must have a right to rent check, even if they are not named on the tenancy agreement. It’s against the law to only check people you think are not UK citizens. You must not discriminate against anyone because of where they’re from. 

2. Check Your Tenant’s Right To Rent 

There are three ways to check that your tenant has the right to live in the UK: use the Home Office Share Code scheme, conduct a manual check of original documentation or instruct a Right to Rent landlord checking service. 

Home Office Share Code Scheme 

Overseas nationals with a biometric residence card, settled or pre-settled status, or have applied for a visa should give their letting agent or landlord the Home Office Right to Rent check share code. Enter the 9-digit code and date of birth into the Home Office system to confirm their Right to Rent status. 

Manual Right To Rent Checks Explained 

Carry out a manual check for tenants who don’t qualify for a Home Office code.  

What Right To Rent Documents are required? 

A landlords Right to Rent check has to be accurate as they are legally responsible and therefore shoulder the liability. As such, it’s imperative you know what documents are acceptable. 

Since April 2022, Biometric Residence Permits and Cards are no longer accepted as stand-alone documents. The government’s right to rent check guide details in full what documents are acceptable, how many documents from List A and List B are required, and how to check someone’s Right to Rent. You can use the below list as a starting point but you must refer back to government guidance for caveats and clarifications: 

• A passport or passport card – stipulations apply 
• An immigration status document with a Home Office-issued photograph 
• A certificate of registration or naturalisation as a British citizen 
• A birth or adoption certificate, issued in the UK, the Channel Islands, the Isle of Man or Ireland 
• An identity card or document issued by one of His Majesty’s forces or the Secretary of State 
• A letter that is proven to be validated in one of three Government-outlined ways – refer back to the official guidance for the mandatory criteria 

When a Right to Rent check is being conducted, details matter. Only current, original documents are acceptable – no copies or documents that have been tampered with. Photo IDs should match the person before you and confirm they are over 18. Consider if the age matches the individual. Details must be consistent across the documents, and if they’ve changed their name, ask for supporting documentation (e.g. marriage certificate). 

Want to know more about lettings? Read about the new Renters Rights Bill explained for landlords and explore the advantages of buying property through a limited company in central London.

Certified Right To Rent Checking Service 

Landlords can instruct government-certified Identity Service Providers (IDSPs) to carry out a digital Right to Rent landlord check for British or Irish citizens. You can find a certified IDSPs list on Gov.uk. 

3. Keep Records 

Retain a dated, permanent copy of each document’s identifying features. These copies are important. They are your ‘statutory excuse’, the proof that you carried out the landlords Right to rent check and rented the property in good faith. 

4. Follow-Up Checks 

In the case of tenants with a time-limited right to rent, you are required to repeat the document checks, either just before their time limit expires or in a year. You must report anyone without the right to rent to the Home Office. 

Landlords can find more information about how to carry out Right to Rent checks on the gov.uk website. 

Lettings Exempt From Right To Rent Checks 

Some types of residential property are excluded from the right to rent legislation. You do not need to check tenants in these types of accommodation: 

• social housing 
• a care home, hospice or hospital 
• a hostel or refuge 
• a mobile home 
• student accommodation 

How do Right To Rent checks for landlords work when a tenant is subletting? 

If a tenant is permitted to sublet part or all of the property they themselves rent, they will become the occupier landlord and need to check a tenants Right to Rent. The tenant can ask a letting agent to complete the landlords Right to Rent check on their behalf.  

What are the Right To Rent Penalties for non-compliance?

If an illegal immigrant is found living in a landlord’s property and sufficient checks haven’t been carried out, the landlord may be liable for: 

• a civil penalty of £5,000 per lodger and £10,000 per occupier for a first breach 
• a civil penalty of £10,000 per lodger and £20,000 per occupier in the most serious cases, a criminal conviction carrying a prison sentence 

Timeline: Right To Rent document checks 

If you complete a Right to Rent check online using a share code, the check should be completed instantly. If further Home Office investigations are needed, expect to add in the region of 48 hours onto the process. It should also take 48 hours for the Home Office to complete checks if the tenant can’t provide the right documents or doesn’t have a valid share code. 

Understand Right To Rent checks?

Accuracy and impartiality are critical when checking a tenant’s Right to Rent status, so a landlord must feel comfortable with the government’s legislation and their ability to use the services on offer.

If you have a buy-to-let in Westminster, Chelsea, Pimlico or Victoria, you may rent to international tenants more frequently, which adds extra layers of responsibility and complexity. Best Gapp supports landlords with the Right to Rent process, so please ask if you need help.