Right to Rent Checks: Relocating and Renting in England

Right to Rent checks were implemented in England as part of broader efforts to ensure lawful immigration status for those renting property. As an expat choosing to make your home here, you will be required to provide documentation confirming your eligibility to reside in the UK. These straightforward checks help landlords and agents avoid unintentionally renting to someone without proper status, which can protect them from penalties.

While providing proof of your citizenship or visa may feel burdensome, it is a standard procedure for anyone renting in the UK, even British citizens. You can reduce the amount of work involved in meeting right to rent requirements by organising ahead of time and keeping open lines of communication with your landlord or agent.

Key Takeaways: Right to Rent Checks in England

• Right to Rent checks are mandatory for anyone renting private accommodation in England and apply to all tenants aged 18+, including British citizens.
• Checks are not required in Scotland, Wales, or Northern Ireland.
• Tenants must provide original documents or digital proof (e.g. share codes) confirming their legal right to reside in the UK.
• Landlords must verify identity and immigration status before allowing access to the rental property. Penalties for non-compliance are significant.
• Share codes are now essential for most non-British/Irish tenants – physical biometric cards are no longer accepted as standalone proof.
• The checks apply to new tenancy agreements and some sub-lets, but not to social housing or university accommodation.
• Time-limited visas require follow-up checks. Tenants must update landlords if their immigration status changes.
• HR and global mobility teams should provide support, documentation guidance, and liaison with landlords during international assignments.
• Discrimination based on nationality or immigration status during checks is unlawful – tenants can seek support from the Equality Advisory Support Service.

Understanding Right to Rent Checks

Right to Rent checks are a legal requirement for landlords in England to confirm their tenants have the right to live in the UK. This process applies to all tenants aged 18 and over, regardless of nationality, including British citizens. The checks are designed to prevent those without lawful immigration status from accessing the private rental sector.

Key Points of Right to Rent

• Applies to all new tenancy agreements in England.
• Covers residential tenancies, including sub-lets and lodgers.
• Does not apply to social housing or student accommodation provided by educational institutions.

What You Need to Provide for a Right to Rent Check

As a tenant, you’ll need to present original documents proving your right to live in the UK. The exact documents required can vary depending on your nationality and immigration status.

Here’s a non-exhaustive list of commonly accepted documents:

For British or Irish citizens

If you are a British or Irish citizen, you can prove your right to rent by providing the following:

• Current or expired passport.
• Birth certificate (with additional proof of identity).
• Certificate of registration or naturalisation as a British citizen.

Alternatively, you may use an online Identity Document Validation Technology (IDVT) service if your landlord offers this option.

For EU, EEA, or Swiss citizens

• EU, EEA, or Swiss passport.
• Share code for settled or pre-settled status under the EU Settlement Scheme.
• Frontier Worker Permit.

For non-EU citizens

you can prove your right to rent with a share code, which you can apply for online, or your original immigration documents. Your landlord can use the share code to check your eligibility to rent. If you cannot use a share code or immigration documents, other documents may be acceptable.

You can get your share code online if you have:

• A biometric residence card or permit.
• A UK Visas and Immigration (UKVI) account.

You’ll have a UKVI account if you’ve ever:

• Applied to the EU Settlement Scheme.
• Used the ‘UK Immigration: ID Check’ app to prove your identity when applying for a visa.
• Created one when applying for a visa (you’ll have received a UKVI account confirmation email).

To use the online service, you’ll need your date of birth and one of the following:

• Your biometric residence permit.
• Your biometric residence card.
• Your passport or national identity card.

Acceptable Documents

For individuals who are not British or Irish citizens, here’s a list of acceptable documents to support your right to rent eligibility:

• A valid passport.
• A travel document issued by the Home Office.
• An immigration status document received upon being granted permission to stay in the UK.

Please ensure that your chosen document has an official Home Office endorsement, such as a stamp or vignette (a sticker). The endorsement must indicate one of the following:

• Indefinite leave to enter or remain in the UK.
• No time limit on your stay in the UK.
• A certificate of entitlement to the right of abode.
• Exemption from immigration control.
• Limited leave to enter or remain in the UK, or permission to stay for a specific period – this must cover the duration of your rental agreement.
• A certificate of entitlement to readmission to the UK.

⚠️ Note: Physical biometric residence permits or cards are no longer issued and accepted as proof of your right to rent. Instead, you must apply for a share code.

For a complete list of acceptable documents, refer to the official UK government guidance.

Right to Rent: The Check Process in Detail

Document Verification

• Your landlord or letting agent will examine your original documents.
• They will check for authenticity, expiry dates, and any restrictions on your right to stay.
• Copies of the documents will be made and securely stored for the duration of the tenancy and for one year afterwards.

Timing

• Checks typically occur within 28 days before the start of your tenancy.
• For time-limited stays, follow-up checks may be required.

In-Person and Online Checks

• Your landlord may need to see you in person or conduct a video call to confirm your identity matches the documents provided.
• Some checks can be completed online using a share code and your date of birth.
• This is particularly relevant for those with Biometric Residence Permits or EU settled status.

Landlord Checking Service

If you’re unable to provide the necessary documents or a share code, your landlord can use your Home Office reference number to request a check using the Landlord Checking Service. This service will confirm whether you have the right to rent in England and will provide an answer within two working days.

Tenant Responsibilities for Right to Rent

• Provide Accurate Documents: Ensure all documents are genuine, original, and up-to-date.
• Cooperate with Checks: Be prepared to meet in person or conduct a video call for verification.
• Understand Your Status: Know your immigration status, any expiration dates, and the implications for your right to rent.
• Update Your Landlord: If your immigration status changes during your tenancy, inform your landlord promptly.
• Be Aware of Follow-up Checks: If your right to stay is time-limited, be prepared for additional checks.

Consequences of Non-Compliance with Right to Rent

Failing to provide the required information or cooperating with Right to Rent checks can have serious ramifications:

For Tenants

• You may be unable to rent the property.
• If your right to rent expires during your tenancy and you don’t update your landlord, you could face eviction.
• In severe cases, it could affect your immigration status or right to remain in the UK.

For Landlords

• Landlords face fines ranging from £5,000 to £10,000 for lodgers in a private household, and £10,000 to £20,000 for tenants in rented accommodation, with penalties increasing for subsequent breaches of Right to Rent regulations.
• Repeated offences can lead to criminal charges and imprisonment.

Tips for a Straightforward Right to Rent Process

• Prepare Early: Gather necessary documents before your house hunt to avoid delays.
• Communicate Clearly: Inform your landlord or agent about your immigration status and any time limitations.
• Stay Informed: Keep track of any changes to your immigration status and understand how they affect your right to rent.
• Seek Help if Needed: If you’re unsure about your status or the documents required, seek advice from the Home Office or an immigration specialist.
• Know Your Rights: Familiarise yourself with tenant rights in the UK to ensure fair treatment throughout the process.

Right to Rent: Implications for HR and Global Mobility Teams

HR professionals and global mobility teams play an important role in supporting relocating employees throug the Right to Rent process:

• Educate Relocating Employees: Provide comprehensive information about Right to Rent checks early in the relocation process.
• Assist with Documentation: Help employees gather and understand required documents, including any necessary translations.
• Liaise with Landlords: Be prepared to communicate with landlords or agents on behalf of employees if needed.
• Provide Cultural Context: Help employees understand the broader context of UK housing regulations and practices.
• Offer Ongoing Support: Be available to assist with any follow-up checks or changes in immigration status during the employee’s stay.
• Stay Updated: Keep abreast of any changes to Right to Rent legislation and update policies accordingly.

Right to Rent: Additional Considerations

Time-Limited Right to Rent

• Some individuals may have a time-limited right to rent, typically aligned with their visa expiration.
• Landlords must conduct follow-up checks for these tenants.
• Tenants should be prepared to provide updated documentation when required.

Right to Rent for Students

• International students often have time-limited visas and may need to provide additional documentation.
• University-provided accommodation is exempt from Right to Rent checks.

Right to Rent for Families

• Checks apply to all adult occupants, not just the named tenants.
• Children under 18 are not subject to checks but may need to be listed on the tenancy agreement.

Changes During Tenancy

• If a tenant’s immigration status changes during the tenancy, they must inform their landlord.
• Failure to do so could result in termination of the tenancy.

Discrimination Concerns

• If you feel you’ve been discriminated against, you can seek advice from the Equality Advisory Support Service.
• Landlords must apply Right to Rent checks consistently to avoid discrimination.

What Happens If You Don’t Comply With Rent to Rent Checks?

For Tenants

• You may be refused access to the rental property.
• If your right to rent expires and you fail to update your landlord, you could face eviction.
• In serious cases, it could impact your immigration status.

For Landlords

Landlords face fines ranging from £5,000 to £20,000, depending on whether the property is a private household or rented accommodation. Penalties increase for repeated breaches and can lead to criminal charges and imprisonment.

Tips for a Straightforward Right to Rent Process

• Prepare Early: Gather your documents before your property search begins.
• Communicate Clearly: Be upfront with landlords or agents about your immigration status.
• Stay Informed: Monitor any changes to your immigration status.
• Seek Help: If in doubt, consult the Home Office or a relocation specialist.
• Know Your Rights: Familiarise yourself with UK tenant rights and procedures.

Final Thoughts on Right to Rent

Right to Rent checks are an essential part of the rental process in England. While they may appear daunting at first, understanding the requirements and preparing accordingly can ensure a straightforward transition into your new home. Remember, these checks are standard procedure and apply to all tenants, regardless of nationality. By being well-informed and prepared, you can approach the Right to Rent process with confidence and focus on settling into your new life in England.

For the most up-to-date and detailed information, always refer to the official UK government guidance on Right to Rent checks.

By familiarising yourself with the process before your move, you’ll be well-equipped to handle this aspect of renting in England. This knowledge will help you avoid potential issues and ensure a positive start to your relocation experience.

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