A right to rent check is a legal requirement in England, but not in Scotland, Wales or Northern Ireland. Prior to the start of any residential tenancies in England, landlords (or their agents) must check that all adult occupiers (aged 18 or over) have the legal right to rent property in the UK.

How you prove your right to rent depends on your nationality and your immigration status. This applies regardless of nationality, and it is designed to ensure that only people with lawful immigration status rent property in England.

 

LANDLORD / SELLER RESPONSIBILITIES

It is the responsibility of the person or company who is granting the tenancy to conduct these checks. Landlords or RTB Sellers are required to carry out a right to rent check if the property is in England and it will be the tenant’s only or main residential home. It is only required for tenancies that were granted on or after 1 February 2016. The right to rent check must be completed before the tenancy begins.

Even where an agent or property manager is used, landlords or RTB Sellers should ensure that right to rent checks are being completed both in time and correctly, as liability can still arise.

 

BRITISH / IRISH CITIZEN

If you’re a British or Irish citizen, you can prove your right to rent in England by showing your landlord one of the following:

1 a British passport (current or expired)

2 an Irish passport or passport card (current or expired)

3 a certificate of registration or naturalisation as a British citizen

 

 

If you do not have a passport, passport card or citizenship certificate, you may be able to use other documents to prove your right to rent, by using any of the following 2 documents together to prove your right to rent:

1 a current UK driving licence (full or provisional)

2 a full birth or adoption certificate from the UK, Guernsey, Jersey, the Isle of Man or Ireland

3 a letter from your employer a letter from a British passport holder in an ‘accepted profession - check Annex E of the Landlord’s guide to right to rent checks

4 a letter from a UK government department or local council proof that you currently get benefits

5 a letter from a British school, college, or university that you currently go to

6 a Disclosure and Barring Service (DBS) certificate proof that you’ve served in the UK armed forces

7 a letter from a private rented sector access scheme or a voluntary organisation that’s helping you with housing

8 a letter confirming you’ve been released from prison within the past 6 months

9 a letter confirming you’re on probation from your offender manager

10 a letter from the UK police about the theft of your passport

 

If the document is a letter, email or DBS certificate, it usually needs to be dated within the last 3 months.