Right to Rent Checks for Tenants

Under the Immigration Act 2014, private landlords in England must carry out Right to Rent checks on all prospective adult tenants and other adults who will occupy the property before granting a tenancy. The check involves the landlord (or letting agent) verifying that the occupier has the right to be in the UK and therefore the right to rent residential property.

Checks can be carried out in one of two ways:

• Manual document check: The landlord checks original documents in the occupier's presence and takes copies. Acceptable documents include a UK or Irish passport, a Biometric Residence Permit, or a share code from the Home Office online checking service.
• Home Office online checking service: For those with a digital immigration status (such as EU Settlement Scheme status), the tenant generates a share code that the landlord uses to check their status online. No physical documents are required.

The landlord must retain copies of the documents checked for the duration of the tenancy and for one year after it ends.

Your right to rent is categorised as either unlimited or time-limited:

• Unlimited right to rent: British citizens, Irish nationals, those with indefinite leave to remain, those with EU settled status, and those with no time restriction on their stay in the UK. Landlords only need to check once.
• Time-limited right to rent: Those with limited leave to remain — for example, on a student visa, work visa, or EU pre-settled status. The landlord must carry out a follow-up check before the expiry of the individual's leave, or within 12 months of the initial check (whichever is later).

If a follow-up check confirms that your right to rent has expired, the landlord should notify the Home Office. However, this does not automatically end your tenancy — you have other legal protections and should seek immigration advice urgently if your leave is about to expire.

Right to Rent checks create a risk of discrimination if landlords decide to only rent to British nationals to avoid the complexity of the scheme. This is unlawful. Landlords must check all prospective tenants equally — they cannot request more documents from some nationalities than others, or refuse to rent to someone because of their nationality or immigration status, unless they have actually confirmed the person does not have the right to rent.

If you believe a landlord has refused to rent to you due to your nationality or ethnicity rather than an actual Right to Rent issue, this may constitute unlawful discrimination under the Equality Act 2010. You can:

• Report the landlord to the Equality and Human Rights Commission
• Bring a claim in the county court for unlawful discrimination
• Seek advice from Citizens Advice or a housing solicitor

The Home Office publishes guidance for landlords making clear that checks must be applied consistently and without discrimination.