Under the Immigration Act 2014 landlords in England must check the right to rent of anyone over the age of 18 who’ll be living in the property before entering into a residential tenancy agreement.

Landlords who fail to process the checks in line with the legislation could face a penalty £10,000 per occupier, this penalty increased on 13 February 2024.

Landlords can check their occupant’s right to rent by using the Government online service or by seeing the occupant in person with their original ID documents.

From April 2022 Biometric Residence Card (BRC), Biometric Residence Permit (BRP) and Frontier Working Permit (FWP) holders can only evidence their right to rent using the Government prove your right to rent online service.

When processing the right to rent checks, landlords should check and make copies of all original identification documents from the ‘acceptable lists’ produced by the Home Office for all adult occupiers who will live at the property as their only or main home. 

Not only do right to rent checks have to be carried out prior to completing a tenancy agreement, but a follow-up right to rent check is also required where an occupier's right to be in the UK is time-limited. In these instances, if the tenant cannot show that they have renewed their right to reside in the UK the landlord must make a report to the Home Office to avoid being given a penalty.

Landlords can choose to pass responsibility for the right to rent checks to their lettings agents by written agreement.

The requirements under this legislation and the recent increased penalty is further evidence of the need for landlords to use a reputable lettings agent to handle the letting of their property. 

Further information

For more information and advice on letting your property, contact Savills Lettings.

Understanding the Renters (Reform) Bill