For full information on these checks, please see the Shelter page.
What Are Right to Rent checks?
All landlords have to verify the immigration status of all prospective tenants or lodgers before they can rent their property. The landlord has to check if you have the right to live in or permission to enter or remain in the UK, by checking your documents.
When do you need to prove a right to rent?
You need to prove a right to rent if:
- you want to rent a property as your main home in England, from a private landlord, or
- if you are an adult moving into a new home rented from a private landlord, even if you are not the tenant.
The landlord can ask you to prove your right to rent up 28 days before you sign the tenancy agreement.
Types of accommodation where you do not have to prove a right to rent include:
- social housing, such as council housing or housing association housing, arranged through a local council (local councils have to carry out stricter checks on your immigration status),
- student accommodation provided directly by universities or colleges,
- hostels and refuges,
- care homes, hospices, hospitals, and NHS accommodation
Some leases involving mobile homes,
- leases granted for a term of seven years or more,
- accommodation provided by your employer because you need to live there to do the work (for example, in a care home).
What are the documents needed?
For a full list of accepted documents, please see here.
Problems you might experience
Despite the rules that landlords and lettings agencies have to follow, we still hear from people who have had problems starting a tenancy. Next, we explain what some of these problems are and what you can do if you encounter them.
Unlawful discrimination
Discrimination means you're treated differently because of things like your disability, nationality, race, religion, sex or sexuality.
It means you are not treated fairly compared to other people. You can find more information on protected characteristics here.
Right to rent checks must not break equality laws. These laws aim to protect certain groups from discrimination.
This means landlords and agents must not treat you differently or unfairly because of:
- race, skin colour or ethnic group
- how long you have lived in the UK
- your accent or English language skills
- your nationality or where you were born
A landlord must not tell an agent to treat people differently because of these things. It's against the law for either a landlord or agent to do this.
Things you should know
The law requires that the landlord/agent compares the documents in person or by live video link, and that the copies are kept for 12 months after the end of the tenancy.
- You should not be charged for the Right to Rent check. If you are charged, please contact the SU Advice Centre to find out what you can do.
- Exactly what process is the agent or landlord going to follow?
- It is illegal for a landlord/agent to discriminate against a tenant on the basis of their nationality.
- You cannot be evicted because your right to rent has expired - to evict you, the landlord must follow the usual process and obtain the relevant court orders, otherwise it may be an illegal eviction.
Questions you should ask yourself are:
- Does the landlord or agent seem reputable?
- Do I trust them to hold copies of my identity documents?
- Does the Agent/landlord have a clear complaints procedure and belong to a redress scheme?
If you have any concerns over the integrity of the agent or landlord:
- DO NOT RENT A PROPERTY through them
- DO NOT GIVE THEM your Identity documents.
If you have any questions about Right to Rent checks, contact the SU Advice Centre.