What is right to rent?
Right to rent means simply that the tenant has the right to reside in the UK and therefore the right to rent a property. It is a means of making sure that you are not renting to someone who does not have the right to be in the UK. “Permanent right to rent” refers to those with a permanent right to stay in the UK. “Time-limited right to rent” refers to those who only have a right to stay in the UK for a limited amount of time.
What are the requirements?
Landlords must not allow anyone over the age of 18 to occupy a property as their only or main home in England unless they can establish the adult has a right to reside in the UK. You don't need to do this check in Scotland, Wales or Northern Ireland.
Does OpenRent do this for you?
OpenRent's referencing reports offer advice for landlords on how to check a tenants right to rent. Unfortunately, we can't check a tenants right to rent for you, since the original documents must be checked in person, with the tenant present.
The report will, however, let you know in detail what you are required to do to make sure you meet your legal obligations as a landlord.
How do I perform a right to rent check?
There are a number of different ways to perform a right to rent check:
- a manual check in person
- Checking using the “share code” and the government's online service
Which type of check should I undertake?
A manual check should be carried out for anyone who does not have a share code. This includes occupiers with UK and Irish passports.
“Share codes” are only for people who have:
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a biometric residence card or permit;
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applied for a visa and used the ‘UK Immigration: ID Check’ app to scan their identity document on their phone.
How to undertake the manual checks in person
To undertake a manual check the Landlord should:
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Agree a time to meet with all adult occupiers (aged over 18) in person
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Ask all adult occupiers to provide original documents that verify their right to rent in the UK
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Check that the documents meet the legal requirements, are genuine, and belong to the tenant(s). You can see a list of acceptable documents here. Landlords are not required to accept all of these documents and a landlord may just require a passport as proof of right to rent.
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If you are satisfied the documents are genuine, make copies of the documents and note the date they were checked.All copies of documents, whether paper or electronic should be kept up to one year after the tenancy ends.
Please note that Nationals from some countries can establish a time-limited right to rent by providing you with a passport and proof of entry to the UK within the last six months. As of 1 July 2021 this can be done for nationals from the EU, EEA, Switzerland, Australia, Canada, Japan, New Zealand, Singapore, South Korea or the United States of America.
Other nationals may have a stamp in their passport which shows when they entered the UK and the amount of time that they are allowed to remain in the UK which can be used as evidence of their right to rent. Please note that a tenant who has a right to stay in the UK for six months can still be given a 12 month tenancy.
How to undertake the check using governments online system
For some prospective occupiers the Landlord will be able to check their Right to rent by entering the “share code” and their date of birth into the governments online system. Landlords should be aware that not all entrants to the UK will have this share code (please see above).
How often do you need to check Right to Rent?
For those occupants who have a permanent right to rent, you only need to check the documents once before the originaltenancy commences. There is no need to check again on a renewal tenancy.
For those occupants with a time-limited right to rent, the right to rent has to be checked not more than 28 days beforethe date the tenancy agreement comes into effect. The right to rent should be checked again either before 12 months have passed or if the time-limited right rent expires after a 12 month period then you will only have to check again before the right to rent expires. The Landlord will also have a duty to inform the home office if they become aware that an occupier has lost or is about to lose their right to rent.
Where to Get Further Information and Guidance
We advise all landlords to read the government's guidance on right to rent, which can be found here. The government also provides a free helpline: 0300 790 6268.
List of acceptable documents: https://www.gov.uk/government/publications/right-to-rent-document-checks-a-user-guide
Further information on how to check documents: https://www.gov.uk/check-tenant-right-to-rent-documents/how-to-check
Guidance on letting to EU tenants: https://www.gov.uk/view-right-to-rent
How to check Right to Rent where the documents are unavailable: https://eforms.homeoffice.gov.uk/outreach/lcs-application.ofml
Information on this site is by way of general guidance only and may not apply in your particular circumstances. You should not act or refrain from acting upon information on this site without seeking independent legal advice.