Right to Rent Checks in England: What Overseas Landlords Must Do Before Letting
A landlord in England who lets a home must check that each adult tenant has the right to rent in the UK. Doing it wrongly can lead to penalties, and an overseas landlord does not escape the duty by living abroad.
This Banke UK guide explains who must carry out the check, what it involves, how the process generally works, and how to hand it to a letting agent in writing.
The Short Answer
Under the Right to Rent scheme, landlords in England must check that adult tenants are allowed to live in the UK before the tenancy starts. The duty falls on the landlord by default. An overseas landlord can ask a letting agent to do the checks, but only if that is agreed in writing, and the agent must actually do them properly.
Scheme details and penalties are set by the Home Office and can change, so use the official GOV.UK guidance as the final authority. The rules described here apply to England and not automatically to Scotland, Wales or Northern Ireland.
Who Has to Be Checked
- Adults who will live at the property as their only or main home under the tenancy, including those named on the agreement and those who simply live there.
- Lodgers in some cases, since the scheme covers more than standard tenancies.
- Tenants of every nationality. Checking only people who "look foreign" is unlawful discrimination, so a landlord applies the same process to everyone.
How the Check Works
In general there are three routes, depending on the tenant's documents and status. The Home Office guidance sets out which applies.
- Manual check of original documents. The landlord sees the original acceptable documents, in the tenant's presence, and takes and keeps clear copies with the date.
- Online check using a share code. Some tenants with an immigration status can give a code, and the landlord uses the government service to confirm their right to rent.
- Identity service for British and Irish citizens. Digital identity checks can be used for those who hold the relevant passports, through approved providers.
Check the current list of acceptable documents and the current rules on GOV.UK before each tenancy, since details have been updated before.
Timing and Records
- Complete the check before the tenancy begins, not after the tenant moves in.
- Keep the copies or the online check record for the duration of the tenancy and for the period the guidance requires afterwards.
- Follow-up checks may be needed if a tenant's permission to stay has a time limit. Diary the expiry date.
Overseas Landlords and Letting Agents
If you live abroad, the practical way to comply is usually to appoint a letting agent. Read our guide on Letting Agents for Overseas Landlords and make sure the following are covered.
- The agent agrees in writing to carry out Right to Rent checks and to keep the records.
- You can obtain copies of the records on request.
- The agent tells you promptly if a check fails or needs a follow-up.
- The management agreement says who is responsible if a check is done badly. Do not assume the agent bears the penalty without a written agreement.
Other Duties That Come With Letting
Right to Rent is only one of a landlord's duties. Others include landlord safety certificates, tenancy deposit protection and, for overseas landlords, tax registration under the Non-Resident Landlord Scheme. Recent changes to tenancy law are covered in Section 21 Is Abolished.
Common Mistakes
- Assuming a UK agent is doing the checks without a written agreement.
- Checking only some of the adults who will live in the home.
- Accepting copies instead of looking at the original documents in the manual route.
- Forgetting to diary a follow-up check.
- Treating applicants differently by appearance or accent, which is discrimination.
Why Choose Banke Properties UK?
Banke helps overseas buyers and landlords understand what comes with owning in the UK. We are not a law firm, and for specific advice you should speak to a solicitor or your agent. To discuss your plans, contact the Banke UK team.
Conclusion
Right to Rent checks are a legal duty on England landlords. Whether you do them yourself or through an agent, agree it in writing, complete the checks before the tenancy starts and keep the records. This is general information, not legal, tax or financial advice. Rules, fees and procedures change, so confirm current details with the relevant authority or a qualified professional before you commit money.