Revised Guidance for Right to Checks
All landlords in England have a responsibility to prevent those without lawful immigration status from accessing the private rented sector. You do this by conducting right to rent checks on all prospective adult tenants before the start date of a tenancy agreement, to make sure the person is not disqualified from renting a property by reason of their immigration status.
This guidance provides information on how and when to conduct a right to rent check. You should also refer to the following documents:
Code of practice on right to rent: civil penalty scheme for landlords and their agents
Right to Rent Checks: A user guide for tenants and landlords
If you conduct the checks as set out in this guidance and the code of practice, you will have a statutory excuse against liability for a penalty in the event you are found to have rented to a person who is disqualified by reason of their immigration status.
This means that if we find that you have rented to someone who does not have the right to rent a property, but you have correctly conducted a right to rent check as required, you will not receive a penalty for that individual.
In addition to the code of practice, this guidance and the Right to Rent Checks: A user guide for tenants and landlords, there are a range of tools available on GOV.UK to support you in conducting right to rent checks.
This guidance was last updated on 18 October 2023.
The most significant updates contained in this guidance relate to:
Removing the requirement for landlords to verify a digital Certificate of Application (CoA) with the Landlord Checking Service (LCS) when conducting a right to rent online digital check involving an outstanding EU Settlement Scheme application made on or after 1 July 2021.
Letting Arrangements that fall within the Scheme
Under the Right to Rent Scheme you must not authorise any adult to occupy a property under a residential tenancy agreement which provides for the payment of rent unless they have a right to rent or have been granted permission to rent.
The Right to Rent Scheme applies only to residential tenancy agreements first entered into on or after 1 December 2014 in Birmingham, Wolverhampton, Dudley, Sandwell and Walsall, and on or after 1 February 2016 in the rest of England.
A landlord is not required to conduct right to rent checks in relation to residential tenancy agreements entered into before the dates set out above. A landlord is also not required to conduct right to rent checks in relation to residential tenancy agreements which are renewed after the dates set out above if the renewed agreement is between the same parties and there has been no break in the tenant’s right to occupy the premises.
Liability
Responsibility under the Right to Rent Scheme lies with the landlord; that is the person who authorises the occupation of accommodation by the tenant under an agreement providing for the payment of rent. There are some circumstances in which responsibility for compliance with the scheme can be transferred to another person. These are outlined below under Transfer of Liability.
Transfer of liability and Appointing an Agent
You can use the services of an agent to let or manage your property.
You may appoint an agent to conduct right to rent checks on your behalf. There must be a written agreement to make clear that:
the agent is to be responsible for the initial right to rent check and whether or not the agent will be responsible for any follow-up checks for those with a time-limited right to rent
the agent must conduct the checks within the timescales laid out in this guidance and the code of practice on right to rent: civil penalty scheme for landlords and their agents
liability for civil penalties transfers to the agent, but liability cannot be transferred beyond the agent
Once you and the agent have made a written agreement which includes the above information, the agent then takes over responsibility for the right to rent checks.
The agent will also be liable for a penalty in the event of a breach. The agent appointed may act in the course of a business but does not have to be a letting or managing agent.
Where it is agreed in writing that the agent will be responsible for conducting the checks, they must do this before entering into a tenancy agreement with the prospective tenants. If the prospective tenant does not have a right to rent and the agent enters into the tenancy agreement, they remain liable for a penalty.
If an agent establishes that the prospective tenant doesn’t have a right to rent, they should report this to the landlord. If a landlord then enters into a tenancy agreement with this person, then it is the landlord who becomes liable for a penalty. In these circumstances an agent may wish to keep written records and copies of their actions.