The Right to Rent Scheme provides a framework for landlords in the UK to ensure that prospective tenants have the legal right to rent a property.
This framework provides essential checks which form part of any new tenancy. Failure to fulfil these checks can result in fines of up to £3,000 per tenant or even imprisonment.
Firstly, what is The Right to Rent Scheme?
The Right to Rent Scheme was introduced as part of the Immigration Act 2014, with the intention of creating a fairer and more effective immigration system. The scheme aims to add an additional deterrent to people illegally residing in the UK, without affecting people who have a legitimate right to rent.
Who has the Right to Rent in the UK?
Tenants have the right to rent a residential property in the UK if any of the following apply to them:
- They are British citizens.
- They have permission to be in the UK, including both work and student visas.
- They have indefinite leave to remain in the UK or have settled status.
- They are considered to have a refugee status or have humanitarian protection.
- The Home Office has granted a time-limited right to rent.
If a tenant has documentation which indicates they meet one or more of these criteria, they can be considered as having the right to rent in the UK.
When do Right to Rent Checks apply?
The checks always apply to any person living in the property, whether they are named on the tenancy agreement or not.
What if I am using a property management company like London Shared?
Property management companies and letting agents can be used to conduct manual right to rent checks on a landlord’s behalf. Landlords should ensure that they have a written agreement acknowledging this. It is important to have written evidence highlighting the agent’s responsibility to conduct such checks within the legal timeframes. When this is the case, the liability for compliance passes onto the agent.
When do I need to carry out Right to Rent checks?
They must be carried out before entering into a tenancy agreement with a prospective tenant. Any adult over the age of 18 who will be occupying the property must be checked, whether they are named on the tenancy or not.
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 British citizens are:
- combination of valid UK driving licence & original UK birth certificate
- valid passport
Options for all other nationalities are:
- valid EEA*/Swiss national ID card (after 30th June 2021 a visa or proof of settlement status granted may be required)
- combination of passport and valid visa or Biometric Residence Permit (BRP)
*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
How do I carry out a Right to Rent check?
There are two options available:
- Manual Right to Rent Check
Manual right to rent checks are by far the most common of the two. The manual process can be split into three main steps:
- Obtain – Landlords must obtain the original documentation of all adults proposing to occupy the property.
- Check – The documents must be checked in the presence of the prospective tenants.
- Record – Landlords must ensure that they keep a record of the checks being carried out.
If a prospective or existing tenant has an ongoing application, appeal or administrative review with the Home Office, or if they say that they have permission to rent from the Home Office, the landlord should use this form to contact the Landlord Checking Service (LCS) to check if they can rent.
If there are any problems accessing the form or you need help completing it, the Landlord Helpline on 0300 790 6268 can assist.
2. Online Right to Rent Check
Online checks have been available since November 2020 however this service only works for cases where a tenant has an immigration status which can be checked online. Landlords will be able to undertake an online right to rent check, in real time, for:
• a current biometric residence permit;
• a current biometric residence card;
• a current frontier worker permit card;
• status issued digitally, via an eVisa, under the EU Settlement Scheme;
• a digital Certificate of Application to the EU Settlement Scheme issued on or before 30 June 2021
• status issued digitally, via an eVisa, under the points-based immigration system
Landlords do not need to see physical documents as the Right to Rent information is provided in real time, directly from Home Office systems. The service works on the basis of the individual first viewing their own Home Office Right to Rent record. They may then share this information with the landlord, by providing a ‘share code’ which, when entered alongside the individual’s date of birth, enables the landlord to access the information.
For further information about how to conduct an online right to rent check, please see the Landlord’s Guide to Right to Rent Checks here.
Want to know more?
Detailed information on the Right to Rent Scheme can be found in the code of practice and Landlord’s Guide, where landlords can also find information on how to carry out checks using the Home Office online service here.