Pre-Tenancy Right to Rent Checks

What is a Right to Rent Check?

In the UK, the responsibility for verifying a tenant’s residential status often falls on the landlord or letting agent. With various types of residential statuses in the UK, this process can lead to confusion and costly mistakes if proper due diligence is not carried out. To address this issue, No Letting Go has introduced a Right to Rent check service, ensuring all necessary steps are taken to perform these checks correctly, thus relieving property owners of this administrative burden.

The Cost of Non-Compliance

Failing to comply with Right to Rent regulations can have serious financial and legal consequences for landlords and letting agents. The penalties for renting to individuals without the legal right to do so are steep:

• £1,000 fine for a first offence.
• Up to £3,000 for further penalties.

In severe cases, landlords may face a 5-year prison sentence and an unlimited fine.

Full details of these penalties are available on the Government Website, but what’s clear is that this is not an area to cut corners. Proper due diligence is essential to protect yourself from significant risk and ensure compliance with the law.

What is Meant by Right to Rent in the United Kingdom?

The Right to Rent is a government initiative in the United Kingdom that requires landlords and letting agents to verify that tenants have the legal right to live in the UK before renting out a property. This involves performing due diligence, such as checking and verifying a tenant’s identification documents, including passports, visas, or other immigration paperwork.

Before renting a home, tenants will be asked to provide these documents so landlords or letting agents can carry out the necessary immigration checks, ensuring compliance with the law. Failure to adhere to these checks can result in significant penalties for landlords.

When Would a Tenant be Subjected to These Checks?

Right to Rent checks were introduced to make it more difficult for individuals without the correct legal status to rent property in the UK. Any private tenant in England with a tenancy starting on or after 1st February 2016 and using the property as their main home must prove they have the legal right to live in the country.

As of December 2024, Right to Rent checks are mandatory only in England. Landlords and letting agents in Scotland, Wales, and Northern Ireland are not required to conduct these checks.

It’s important to note that conducting Right to Rent checks in these regions without a legal requirement may lead to unlawful discrimination. Source

Therefore, landlords and letting agents operating in Scotland, Wales, and Northern Ireland should refrain from performing Right to Rent checks until any legislative changes are officially implemented. Source

For the most current information, always refer to official government sources or seek legal advice.

Carrying out This Pre-Tenancy Check

To complete a Right to Rent check, landlords or letting agents must follow these steps:

Step 1: Check Identification Documents

Verify an original form of identification to confirm the tenant has the legal right to live in the UK. A full list of acceptable documents is available on the Government website. Examples include:

• UK/EU passports
• Permanent residence cards
• Travel documents showing indefinite leave to remain

Step 2: Check All Adult Occupiers

The check must be completed for every adult occupier aged 18 or over, regardless of whether they are named on the tenancy agreement or not.

Step 3: Copy and Store Documents

Make clear copies of the documents, ensuring they are stored securely. These must be retained for the duration of the tenancy and for 1 year after the tenancy ends.

Step 4: Conduct Follow-Up Checks

If a tenant’s right to live in the UK is time-limited (e.g., a student visa), follow-up checks must be carried out before the visa or status expires.

Step 5: Return Documents

Once the checks are complete, return the original documents to the tenant promptly.

Are There any Exceptions?

This guide provides a brief overview of the key requirements for landlords and letting agents regarding the legal status of tenants in the UK. However, there are certain exceptions and additional considerations, including:

• Sub-Letting: If a tenant sub-lets the property, the primary tenant is responsible for carrying out the Right to Rent checks.
• Overseas Renters: Different processes may apply for tenants arriving from overseas, depending on their visa or immigration status.
• Changing Immigration Status: If a tenant’s immigration status changes during the tenancy, landlords may need to carry out follow-up checks to ensure continued compliance.

For more detailed information, the Home Office provides an official Right to Rent guide outlining these scenarios and requirements.

At No Letting Go, we’re here to help. If you have any questions or need further clarification about Right to Rent checks, please don’t hesitate to get in touch. Our team is ready to assist you with property reporting and compliance needs.