Right to Rent: A Landlord’s Guide

In November 2020, a new online service was introduced by the Home Office, which allows certain tenants to carry out their own check and share the results with you (or your agent) digitally, via an online code. 

You cannot insist that a tenant uses the online service, but if they agree to, all they need to do is log on to Gov.uk: Prove Right to Rent and complete the online form. This will produce a code, valid for 30 days, which can then be shared with you. 

To use the services, your tenant needs:

• a biometric residence card or permit
• to have settled or pre-settled status
• to have applied for a visa and used the ‘UK Immigration: ID Check’ app to scan their ID document on their phone

Once complete, you then visit Gov.uk: View Right to Rent, enter your tenants date of birth and their shared code, and you can view their status. 

If your tenant is unable to complete the process online, you are also able to check their status manually. This process is also very simple. 

There are three key steps to carrying out a manual Right to Rent check, and all must be completed in order to ensure that the process is compliant with the legislation. 

Step 1:

Ask your tenant to provide the relevant documents needed to carry out the check. They must provide original documents from either List A or a selection from List B (available here: Right to Rent Checks: A User’s Guide). Photocopies or photographs of the documents are not acceptable, you must be provided with the originals. 

Step 2:

Meet with your tenant and check their documents. You should check that:

• The documents appear to be genuine, and not falsified in any way
• The person showing you them is the owner of the document
• Photographs and dates of birth are consistent across all documents
• Any changes to name can be explained with evidence (marriage/divorce certificate, deed poll)
• Immigration leave to enter or remain in the UK has not expired

Step 3: 

You should record that the check has been carried out and make a clear copy of the documents, including anywhere that includes the tenant’s photograph, date of birth, signature, biometric details, visa/working permit details. This should be done in a format that cannot be altered later (such as an un-editable PDF, or photograph) and securely retain the copy, electronically or in hardcopy. 

Make a note of the date that the check was carried out and ensure that your keep hold of the data for the duration of the tenancy, and for at least a year after the tenancy has ended. Bear in mind GDPR legislation and ensure that any data you are holding regarding your tenant is kept securely and cannot be accessed by anyone else. 

Time-limited Right to Rent

Some tenants may have a time limited right to rent. This means that they only have a valid leave to enter or remain in the UK (including pre-settled status) for a limited period of time. 

In this instance, your tenant should provide evidence to demonstrate the limits on their time, which you should make note of and recheck their status accordingly. Any tenant who has had their visa status granted digitally (known as an eVisa) can use the Home Office online service, which will confirm to you whether you need to conduct a follow up check and the deadline for when this check should be completed by. The process for a follow up check is the same as a standard check. 

List A, Group 1 includes single documents such as passports (current or expired), residence cards, biometric immigration cards or immigration status documents which show an unlimited Right to Rent. 

List A, Group 2 includes documents that when two or more are shown, provide an unlimited Right to Rent. They include documents such as UK, Irish, Channel Islands or Isle of Man birth or adoption Certificate, a letter of attestation from an employer, a letter from HM Prison Service or benefits paperwork. 

List B includes documents which provide a time limited Right to Rent. It includes a current passport or travel document endorsed with a time-limited period, a Frontier Working Permit or a current biometric immigration document with time-limited leave.

A full list is available here: Right to Rent Checks: A User’s Guide

If your prospective tenant is unable to provide any of the evidence, you are able to make a request to the Landlord Checking Service here: Home Office: LCS Application to see if your tenant has a Right to Rent. 

What about false documents?

Landlords are not border control experts, and it is understood that unless you are trained in spotting falsified documents, it can be very difficult to identify something that might not be quite right. 

You should take all reasonable steps to ensure that the documents you are presented with are true and valid (check for obvious things, like paper weight, water marks, and stitching), however you are not expected to utilise any technical aids to check for falsified documents and you will not be liable for any penalties if it is not reasonably apparent that a document is false. 

You could be liable for a penalty if you allow your tenant to occupy your property knowing that they do not have the appropriate authority to do so. 

If your check indicates that your prospective tenant does not have a Right to Rent, you are required to make a report to the Home Office using a simple online form. This must be done as soon as is practice after carrying out the check. You will not have to submit documents online as part of this process, but you should keep a copy of them as per standard practice and be prepared to provide them should you be required to. 

If you are unable to utilise the Government’s online service, you should check documents in person with the document owner present. 

You can formalise the responsibility being passed to your agent by allocating the responsibility via a Transfer of Liability. This must be a written document (verbal isn’t enough) and it must be made clear that: 

• The agent is responsible for the check, and any follow up checks (if required) 
• The agent must conduct the check within timescales laid out in industry code of guidance (before a tenancy starts) 
• Liability for the correct process can be transferred to the agent, but cannot be transferred from the agent to another third party

If your agent agrees to the Transfer of Liability, they will then take responsibility 

Whether your tenant is a British Citizen or moving to the country from elsewhere in the world, the process is the same and you should always approach this check with the same level of scrutiny and care.  

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