Right to Rent – how it works

Right to Rent was introduced under the Immigration Act 2014 and it is important for both tenants and landlords to understand the implications of this act.

It places restrictions on illegal immigrants accessing rented accommodation in England by making all adult occupants prove they are in the UK legally before being granted a tenancy. This is done through a process called a Right to Rent check.

What is a Right to Rent check?

This is when a prospective adult occupant of a rental property shows their identity documents in person to a landlord or letting agent. This is a similar checking process to presenting your passport (and visa) to a border control officer at an immigration check point.

The landlord/letting agent must take a copy of the documents seen, and record the check being completed. If a tenant has a time limited right to rent (e.g. a visa or Biometric Residency Permit with an expiry date) then the check must be done within 28 days of the tenancy start date and the visa must be valid for the proposed tenancy start date.

Before the start of a new tenancy, we will check that:

• the documents the prospective tenants provide are originals and belong to the tenant
• the dates for the prospective tenant’s right to stay in the UK haven’t expired
• the photos on the documents are of the prospective tenant
• the dates of birth are the same in all documents (and are believable)
• the documents aren’t too damaged or don’t look like they’ve been changed
• if any names are different on documents, there are supporting documents to show why, eg marriage certificate or divorce decree
• If the prospective tenant is arranging their tenancy from overseas, we must see their original documents before they start living at the property.

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

We will also carry out checks for all prospective tenants aged 18 and over, even if they’re not named on the tenancy agreement.

All verification will be completed in partnership with Goodlord, our expert referencing service.

You can find out more about the Right to Rent legislation here.