Right to Rent checks: a guide for landlords in England

In England, landlords must check that tenants have the right to rent in the UK before a tenancy starts. The rules apply whether you let the whole property or a room, and whether or not there's a written tenancy agreement.

What you must do

• Check every adult aged 18 or over who will live in the property as their main home, not just the named tenants.
• Complete the check before the tenancy starts. For people with time-limited permission to stay, check within the 28 days before the tenancy begins.
• Use an approved method: checking original documents with the person, the Home Office online service with a share code, or a certified identity service provider for eligible documents.
• Keep copies of the documents, recording the date of the check, for the length of the tenancy and for one year after it ends.
• Carry out follow-up checks for anyone with time-limited permission, either just before it expires or 12 months after your last check, whichever is later.

Treat everyone the same

Check every prospective adult occupier in the same way. Making assumptions based on someone's name, accent or appearance can amount to unlawful discrimination.

If you get it wrong

Letting to someone without the right to rent can lead to a civil penalty, and in serious cases prosecution. Doing correct checks and keeping records gives you a defence.