Check your Tenant's Right to Rent
This article will go through the information regarding checks for Tenants that need to be made in some circumstances. If you are unsure if you need to check your Tenant, this article will tell you if you need to or not.
1. Who you have to check
You must check that a Tenant or lodger can legally rent your residential property in England.
Before the start of a new tenancy, you must check all tenants aged 18 and over, even if:
they’re not named on the tenancy agreement
there’s no tenancy agreement
the tenancy agreement isn’t in writing
Check all new Tenants. It’s against the law to only check people you think aren’t British citizens.
If the Tenant is only allowed to stay in the UK for a limited time, you need to do the check in the 28 days before the start of the tenancy.
You don’t need to check tenants in these types of accommodation:
a care home, hospice or hospital
a hostel or refuge
a mobile home
You also don’t need to check tenants if they live in accommodation that:
is provided by a local authority
is provided as part of their job (known as ‘tied accommodation’)
has a lease that’s 7 years or longer
Read the code of practice to find out if you need to do any other checks instead.
2. How to do a check
Check which adults will use your property as their main home (your ‘Tenants’).
Ask them for original documents that prove they can live in the UK.
Check their documents to see if they have the right to rent your property.
Check that each tenant’s documents are genuine and belong to them, with the Tenant present.
Make and keep copies of the documents and record the date you made the check.
You can get an unlimited fine or be sent to prison for renting your property to someone who isn’t allowed to stay in England.
Check if the property is used as the Tenant’s main home
A property would usually be a Tenant’s only or main home if:
they live there most of the time
they keep most of their belongings there
their partner or children live with them
they’re registered to vote at the property
they’re registered with the doctor using that address
Check their original documents
When you’re with the Tenant, you need to check that:
the documents are originals and belong to the tenant
their permission to stay in the UK hasn’t ended
the photos on the documents are of the tenant
the dates of birth are the same in all documents (and are believable)
the documents aren’t too damaged or don’t look like they’ve been changed
if any names are different on documents, there are supporting documents to show why, such as a marriage certificate or divorce decree
If the tenant doesn’t have the right documents
You must use the Landlord’s checking service to check whether the tenant’s allowed to rent without the right documents if:
the Home Office has their documents
they have an outstanding case or appeal with the Home Office
the Home Office told them they have ‘permission to rent’
You’ll get an answer within 2 working days.
You’ll need the tenant’s Home Office reference number to use the service.
Don’t rent a property to someone in England if they don’t have the right documents and the landlord’s checking service tells you they aren’t allowed to rent.
Get help with a check
Call the Landlord’s helpline to get help with a check.
Landlord’s helpline: 0300 069 9799 Monday to Thursday, 9am to 4:45pm Friday, 9am to 4:30pm
You must follow the Landlord’s code of practice on illegal immigrants and private rented accommodation.
3. Making copies of the documents
When you copy the documents:
make a copy that can’t be changed, such as a photocopy or a good quality photograph
for passports, copy every page with the expiry date or applicant’s details (such as nationality, date of birth and photograph), including endorsements, for example a work visa or Certificate of Entitlement to the right of abode in the UK
copy both sides of biometric residence permits
make a complete copy of all other documents
record the date you made the copy
Keep copies of the Tenant’s documents for the time they’re your Tenants and for one year after.
Make sure you follow data protection law.
If your Tenant doesn’t have any documents, you must check if they’re allowed to rent your property.
4. Follow-up checks
You must do a follow-up check to make sure your Tenant can still rent property in the UK if there’s a time limit on their permission to stay.
You can get a fine if you don’t do a follow-up check and your Tenant’s permission to stay ends.
Do the follow-up check just before the date that’s the later of:
the end of your Tenant’s permission to stay in the UK
12 months after your previous check
You don’t have to do a follow-up check if there’s no time limit on your Tenant’s permission to stay in the UK.
If your Tenant fails a follow-up check
You must tell the Home Office if you find out that your tenant can no longer legally rent property in England after doing a follow-up check.
You could be fined or sent to prison for up to 5 years if your tenant fails a follow-up check and you don’t report it to the Home Office.
5. Agents and Subletting
You can ask any agents that manage or let your property to carry out the check for you. You should have this agreement in writing.
If a Tenant sub-lets the property without you knowing, they’re responsible for carrying out checks on any sub-tenants. They will be liable for any civil penalties if they don’t do the check correctly.