Intro to Checking a Tenant’s Right to Rent
Letting property in London is a valuable investment, but it also comes with important legal responsibilities. One of the key duties for landlords is to check a tenant’s right to rent before granting a tenancy. This process ensures that every tenant has the legal right to live in the United Kingdom, helping landlords remain compliant and avoid costly penalties.
At JS Estate Management, we support landlords through every stage of the letting process, including right to rent checks. Understanding what documents to request, how to verify them, and when to perform follow-up checks is essential for a professional and lawful tenancy.
What Is the Right to Rent Scheme
The Right to Rent scheme was introduced by the government to ensure that landlords only rent properties to individuals who have permission to reside in the UK. It forms part of the broader immigration laws and applies to all private landlords, letting agents, and homeowners who rent out accommodation.
In London, where the rental market is both vast and diverse, the scheme plays a significant role in maintaining compliance and fairness. Every adult tenant, regardless of nationality, must undergo a right to rent check before moving into the property.
Failure to carry out these checks properly can result in significant fines or even criminal prosecution, making it crucial for landlords to follow the process carefully.
Why It Matters for London Landlords
London is home to a wide mix of residents from around the world, making the Right to Rent scheme particularly important. By carrying out these checks, landlords can demonstrate that they have fulfilled their legal obligations.
The process also promotes transparency and protects landlords from inadvertently renting to individuals who do not have permission to stay in the country. This not only safeguards the landlord’s reputation but also supports the broader integrity of London’s housing market.
In a city where demand for rental properties remains high, understanding and implementing Right to Rent checks ensures that your tenancy agreements remain compliant and professional.
How to Carry Out the Checks
Conducting a Right to Rent check involves verifying a tenant’s identity and confirming their immigration status. This is usually done by inspecting original documents and recording copies for your records.
To complete the process correctly, landlords should follow these steps:
Request original identification documents from all adult occupants;
Check the validity of documents in the presence of the holder;
Make and retain clear copies of each document;
Record the date the check was carried out;
Conduct follow-up checks if the tenant has time-limited permission to stay;
These checks must be completed before the tenancy agreement begins. The documents accepted include passports, biometric residence permits, and other official immigration records approved by the Home Office.
Using the Home Office Online Service
In some cases, tenants may not have physical documents but can prove their right to rent using the government’s online checking service. This digital option is especially common for individuals with immigration status under the EU Settlement Scheme or those who hold biometric residence cards.
As a landlord, you can access this service using the share code provided by the tenant, along with their date of birth. The system will confirm whether the tenant has the right to rent and whether a follow-up check is required later.
JS Estate Management recommends using this online service whenever available, as it provides instant confirmation and reduces the risk of errors or missing documentation.
Record Keeping and Follow-Up Checks
Good record keeping is vital when it comes to compliance. Landlords must retain copies of right to rent documents for the duration of the tenancy and for at least one year after it ends. This evidence proves that you fulfilled your legal responsibilities should any questions arise later.
If a tenant’s right to rent is time-limited, landlords must perform follow-up checks before the permission expires. If the tenant no longer has the right to rent, you must report this to the Home Office.
Having a clear system in place for these checks helps avoid last-minute issues and ensures your property remains legally compliant throughout every tenancy.
Common Mistakes to Avoid
Landlords often make small but costly errors during the verification process. These mistakes can include accepting photocopies instead of original documents, failing to record the check date, or neglecting follow-up checks for tenants with limited leave to remain.
In a busy market like London, such oversights can be easy to make, but they carry serious legal consequences. Working with experienced letting professionals, such as those at JS Estate Management, ensures that all checks are carried out correctly and that your documentation is always in order.
Final Thoughts
Performing a tenant’s right to rent check is not just a legal requirement—it is a professional responsibility that helps safeguard landlords, tenants, and the integrity of the London rental market. By following the correct procedures, maintaining records, and staying informed about immigration updates, landlords can rent confidently and avoid compliance issues.
At JS Estate Management, we believe that a transparent and well-documented letting process benefits everyone involved. Our expertise in London’s property market means we help landlords remain compliant while ensuring tenants are treated fairly and respectfully.