Before handing over the keys, landlords in England must carry out a right to rent check. It is a legal duty designed to confirm a tenant can lawfully live in the country, and skipping it can lead to a fine or worse. The process sounds daunting but is straightforward once you know the steps.
Who must be checked
The check applies to every adult who will live in the property as their main home, not just the person named on the tenancy. It must be done before the tenancy begins. You cannot pick and choose who to check, because singling people out by nationality or appearance is itself unlawful discrimination.
How the check works
You ask each prospective tenant to provide original documents proving their right to be in the country, see them in person or over a live video call while holding the originals, and keep dated copies. Many people now have a digital immigration status, verified through an online service using a share code rather than a physical document.
- See originals or verify a digital status with a share code
- Check with the tenant present in person or by live video
- Keep dated copies for the length of the tenancy and beyond
Time-limited rights
Some tenants have permission to stay only until a certain date. In those cases you must carry out a follow-up check before that date passes, and report to the authorities if someone no longer has the right to rent. Keeping a simple diary note of review dates saves a great deal of trouble later.
Getting it right
A landlord who carries out and records the check properly has a statutory excuse against a penalty even if a tenant's documents later prove false. The lesson is simple: follow the process for every tenant, keep your records, and you protect both yourself and your standing as a responsible landlord.