Right To Rent
What is right to rent
Right to Rent was introduced under the Immigration Act 2014 and it is really important for both tenants and landlords to understand the implications of this act.
It places restrictions on illegal immigrants accessing rented accommodation in England by making all adult occupants prove they are in the UK legally before being granted a tenancy. This is done through a process called a Right to Rent check.
This is when a potential adult occupant of a rental property shows their identity documents in person to a landlord or letting agent.
The landlord/letting agent are required to take a copy of the documents seen, and record the check being completed. If a tenant has a time limited right to rent (e.g., a visa or Biometric Residency Permit with an expiry date) then the check must be done within 28 days of the tenancy start date and the visa must be valid for the planned tenancy start date
You can use this service if your tenant:
- has a biometric residence card or permit
- has settled or pre-settled status
- applied for a visa and used the ‘UK Immigration: ID Check’ app to scan their identity document on their phone
You can also check someone’s original documents instead.
You cannot insist a tenant use this service or refuse to rent to them if they want to prove their right to rent by showing you their documents instead.
Acceptable documents that a tenant can use to demonstrate their identity and Right to Rent are dependent on their nationality.
Options for British citizens are:
- combination of valid UK driving licence & original UK birth certificate
- valid passport
Options for all other nationalities are:
- valid EEA*/Swiss national ID card (after 30th June 2021 a visa or proof of settlement status granted may be required)
- combination of passport and valid visa or Biometric Residence Permit (BRP)
*Countries in the EEA are: Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain & Sweden
Click this link to start the process on the government website: https://www.gov.uk/view-right-to-rent