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

Code of practice for landlords avoiding unlawful discrimination when conducting ‘right to rent’ checks in the private residential sector

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.