Let's take a look at the who, when and where of Right to Rent checks.

28 May 2024

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Right to Rent Check FAQs

The Right to Rent check is a legal requirement for landlords before the start of a tenancy in England.

What is right to rent?

The Right to Rent check has been a legal requirement since February 2016.

Before you can rent in England, you need to prove your right to rent to your landlord (via the Letting Agent if one has been instructed).

The Home Office introduced Right to Rent checks with the aim of making it harder for people to live and work in England illegally. Tenancies in Scotland, Wales and Northern Ireland are not subject to Right to Rent checks.

How you prove your right to rent depends on your nationality and your immigration status. The checks are not discriminatory, all tenants must be checked, not just those from overseas.

How is a check made?

When carrying out a Right to Rent check, your letting agent must carry out a check on all prospective tenants over the age of 18, even if they are not named on the tenancy.

This is done by -

Checking an original form of ID (from a list of acceptable identification documents) in the presence of the prospective tenant
or using an approved identity service provider (IDSP) to check your ID
or viewing a tenant’s Right to Rent online via the Home Office ‘share code’ system

What is an Identity Service Provider?

Agents or landlords may employ the services of an Identity Service Provider (IDSPs).

Certified IDSPs are third-party providers who have met a Government standard to carry out digital Right to Rent checks on British and Irish citizens who hold valid passports (including Irish passport cards).

IDSPs offer convenient checks however not all agents will be able to offer Right to Rent checks through an IDSP.

Click here for a list of IDSPs on GOV.UK

What is a Share Code?

As an overseas national with a Home Office immigration status, you can provide a share code along with your date of birth to any letting agent.

They will be able to check the Home Office’s real-time system to generate your Right to Rent decision without needing any other documentation.

What if I'm currently abroad?

If you're arranging a tenancy from abroad, landlords/agents can agree to a tenancy in principle subject to an ID check on arrival.

If you are then unable to provide the accepted documents confirming your identity and right to live in the UK then you will not be able to rent property in England.

What if I have a time restriction in England?

Landlords and letting agents are legally obliged to carry out the Right to Rent check again if the ID that you originally provided only qualify you to establish a time-limited statutory excuse.

If the agent is not able to complete this check they will need to make a report on you to the Home Office, otherwise, they can incur significant fines.

If the follow-up check shows that you no longer have the right to live in the UK, they must report it to the Home Office.

If you don’t have any restrictions on your right to stay in the UK (such as if you are a British or Irish citizen or an EU national who has documents to prove your ‘Settled Status’) then your landlord or letting agent won’t need to carry out any further checks.

What if you have a disqualified tenancy due to immigration status?

The Home Office may send your landlord a notice advising them that someone living at their property is disqualified from renting as a result of their immigration status.

Under these circumstances, landlords are required to take reasonable steps to end the tenancy or serve a notice asking the tenant to leave. The minimum required notice period for occupiers to vacate a property is 28 days.

If there are both legal and disqualified tenants occupying the property, landlords are expected to give any disqualified tenants a notice requiring them to leave within 28 days. They can allow the remaining legal tenants to continue their tenancy by reassigning it to one or more remaining adult occupiers who have a Right to Rent.

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Let's take a look at the who, when and where of Right to Rent checks.

Right to Rent Check FAQs

What is right to rent?

How is a check made?

What is an Identity Service Provider?

What is a Share Code?

What if I'm currently abroad?

What if I have a time restriction in England?

What if you have a disqualified tenancy due to immigration status?