How to check a tenant's right to rent
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4
min read
Ensuring your tenants have the right to rent is a crucial step for landlords. This guide will provides a comprehensive overview of what right to rent entails, including the legal requirements and why it’s important to complythe importance of compliance . You can find common practices for conducting right to rent checks and understand the specific documents tenants need to provide.
By following this guide, you'll be well-equipped to navigate the process smoothly and confidently, ensuring you meet all necessary regulations.
By following this guide, you'll be well-equipped to navigate the process smoothly and confidently, ensuring you meet all necessary regulations.
What is right to rent?
The right to rent process requires tenants to prove their legal right to reside in the UK to their landlords.1 Landlords must verify the tenant's ID to ensure they are legally permitted to rent property in the UK. This law, introduced under section 22 of the Immigration Act 2014 (external link), aims to prevent illegal residency. It applies exclusively to adults and does not affect individuals under 18 years of age.
Do landlords need to check right to rent?
Before a tenancy begins, landlords must verify the immigration status of all tenants to ensure they have the legal right to rent a property in the UK. If a tenant cannot provide the necessary documents to prove their right to rent, they can be disqualified from renting your property.
Landlords who fail to comply with these regulations and do not check a tenant's right to rent may face serious consequences. Initially, the penalty was a fine, but since December 2016, additional penalties have been introduced, including the possibility of imprisonment.2
Disclaimer:
Managing rental properties is a complex business. At Hiscox, we want to see your investments thrive. Our articles offer insights into property management and landlord best practices. But these articles aren't professional advice. To find out more about a subject we cover here, please seek professional advice.
How to conduct right to rent checks
Since February 2023, there have been several ways for landlords to check tenants right to rent.
1. Manual checks
The traditional method of verifying a tenant's right to rent involves an in-person meeting to conduct manual checks. During this meeting, the landlord should request identification documents from the tenant and verify their authenticity. Once the tenant's identity is confirmed, the landlord should make copies of the documents for their records and note the date the checks were performed.
For more information on checking a tenant’s right to rent manually, visit the GOV.UK website (external link).
2. Identity Document Verification Technology (IDVT)
If you prefer not to conduct the checks in person, you can utilise a certified Digital Identity Service Provider (IDSP). These providers use Identity Document Verification Technology (IDVT) to swiftly and accurately verify documents submitted by tenants to confirm their right to rent. This technology often surpasses manual checks in accuracy and is instrumental in detecting fraudulent documents.
You can find a list of certified IDSPs on the GOV.UK website (external link).
3. Home Office checking service
A third option is an online system provided by the Home Office (external link), offering landlords a simpler way to quickly verify a tenant's right to rent their property. This service is available if the tenant is a new entrant to the UK and possesses one of the following:
- A biometric residence permit
- A biometric residence card
- A UK Visas and Immigration account.
To perform a check, landlords will need the tenant's date of birth and a share code. The share code should start with the letter 'R', indicating it was generated for the purpose of proving the tenant's right to rent.
When using the service, landlords will see various details about the tenant, including a photograph, which can make it easier to identify the tenant if you’ve met them.
Acceptable documents for right to rent checks
Tenants in the UK can use various documents to prove their right to rent, depending on their nationality.
For British or Irish citizens, the following documents are acceptable:
- A current or expired British passport
- A current or expired Irish passport or passport card
- A certificate of registration or naturalisation as a British citizen.
For non-British or Irish citizens, the following can be used:
- A share code, which can be obtained online
- Original immigration documents.
If tenants do not have these documents, they may be able to use two other documents together to prove their right to rent. Examples include:
- A current driving licence
- A letter from their employer
- A full birth or adoption certificate from the UK, Guernsey, Jersey, the Isle of Man, or Ireland.
For a complete list of acceptable documents, visit the GOV.UK website (external link).
Right to rent and discrimination
Discrimination in the right to rent process is prohibited under the Equality Act 2010 (external link). Legally, landlords must not treat individuals differently based on disability, ethnicity, nationality, religion, sexuality, or any other "protected characteristics."
All potential tenants should be treated fairly when assessing their right to rent. The government advises landlords to strictly adhere to its Right to Rent guidelines (external link) on discrimination.
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