Landlords’ Right to Rent checks (England only) verify tenants’ legal status to prevent illegal renting, requiring manual, online (via Home Office service), or digital IDSP checks, with best practices including records, follow-ups, and avoiding discrimination to prevent civil penalties.
Purpose
- To check if all adult tenants/occupants have the legal right to live in the UK.
- To prevent illegal immigration and illegal renting.
Requirements
- England only: Applies to residential tenancies starting on/after 1 Feb 2016 (or Dec 2014 in some West Midlands areas).
- Check all adults (18+), not just those perceived as non-British, to avoid discrimination.
- Checks can be:
- Manual: Original documents (passport, BRC, etc.).
- Online: Using the Home Office service with a share code from the tenant.
- Digital (IDSP): Using certified Identity Document Validation Technology for British/Irish citizens with valid passports or others.
- Follow-up checks: Required if a tenant has time-limited permission to stay.
Best Practice
- Keep records of checks for the tenancy duration + 1 year (legal requirement).
- Ensure the check is done before the tenancy starts (within 28 days if time-limited).
- Use the online service for BRC/BRP holders (mandatory since April 2022).
- Do not discriminate (Code of Practice applies).
Online Check Link
- Home Office Right to Rent Online Checking Service (for landlords): https://www.gov.uk/prove-right-to-rent (tenant gets share code) or https://www.landlords-request-a-check.homeoffice.gov.uk/ (landlord-initiated).
If Right is Lost
- Landlord receives official notice from the Home Office (or confirms via Home Office portal).
- Landlord can issue a Section 8 notice (2 weeks’ notice) to end the tenancy if all tenants have lost their right to remain.
Useful/Updated Websites:
- gov.uk/prove-right-to-rent
- gov.uk/check-tenant-right-to-rent-documents
- Report crime: gov.uk/report-immigration-crime.
