Landlords letting properties in England are legally required to check that all adult tenants, aged 18 or over, have the Right to Rent in the UK. This requirement does not apply to landlords letting properties in Scotland, Wales or Northern Ireland.
There are two mains ways that a tenant can have the right to rent in the UK
1. "Time limited" right to remain
2. "Indefinite" right to remain
If your tenant has "time limited" right to remain:
If your tenant has "time limited" right to remain then it means that they have permission to rent property in the UK until their visa expires. Examples of tenants with "time limited" right to remain in the UK include EU/EEA citizens with "pre-settled" status and other immigrants on a time limited visa. In these cases landlords may need to carryout further checks when the later of the two following events happens:
1. It is 12 months since you last checked the tenant's right to rent
2. The tenant's right to remain has expired
E.g. if you check a tenant's right to rent one week before the start of their 12 month tenancy and they have six months left on their visa then the you would need to check their right to rent again a week before the fixed term ended.
You might want to check a tenant's right to remain again before the latest point, for example, if the tenant informs you that they have extended their right to remain or that they have been granted indefinite right to remain.
When carrying out further right to rent checks it's important to ensure that you do so correctly.
If a tenant fails a follow up right to rent check it's important that you report it to the Home Office as soon as possible.
If your tenant has "indefinite" right to remain:
If your tenant has "indefinite" right to remain it means their right to rent will not expire and there should be no need for them to renew their status. Examples of tenants with indefinite right to remain include UK and Irish citizens, EU and EEA citizens with "Settled Status" and other immigrants who have been granted indefinite right to remain in the UK by the Home Office.
If your tenant has provided proof that they have the indefinite right to remain in the UK during your initial Right to Rent check then their right to rent should not expire and there should be no need to carryout further checks.
Further Information and guidance:
Please note that we are not legally trained. The information provided above is a general summary of a landlord's responsibilities. If you would like more information on your responsibilities or guidance about your personal circumstances, we advise you contact the government's free helpline: 0300 790 6268 or get independent legal advice.
Government website: https://www.gov.uk/check-tenant-right-to-rent-documents/further-checks
Government guidance for landlords: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1014300/20210827_Landlords_Guide.pdf
List of accepted proof of right to rent: https://www.gov.uk/government/publications/right-to-rent-document-checks-a-user-guide