A Landlord’s Guide to Right to Rent Checks

Landlords

A Landlord’s Guide to Right to Rent Checks

If you let property in England, you’re legally required to check that your tenants have the right to rent. Getting this right protects you from significant penalties.

Who needs to be checked?

You must check every adult who will live in the property as their main home, regardless of whether they are named on the tenancy agreement.

How to carry out a check

  • Obtain original documents or use the online checking service
  • Confirm the documents are genuine and belong to the tenant
  • Make and keep dated copies for your records

Time-limited right to rent

Where a tenant has a time-limited right to rent, you’ll need to carry out a follow-up check before it expires to remain compliant.

Tip: A reputable letting agent can carry out and document right to rent checks on your behalf.

Keeping records

Retain copies of all documents for the duration of the tenancy and for at least a year afterwards. Good record-keeping is your defence if questions ever arise.

Frequently asked questions

What happens if I don’t carry out checks?
Failing to carry out checks can result in substantial civil penalties and, in serious cases, criminal liability.
Can my letting agent do the checks for me?
Yes, provided you agree in writing that the agent takes responsibility for carrying out the checks.
Do I need to check existing tenants again?
Generally only where a tenant had a time-limited right to rent and a follow-up check is due.

Final thoughts

Right to rent checks are straightforward once you know the process. Keep thorough records, or use a trusted agent, and you’ll stay on the right side of the law.

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