Right to Rent

Right to Rent is a legal scheme in England that requires private landlords, letting agents and some live-in landlords to check whether adult occupiers have the legal right to rent residential property under UK immigration law. It comes from the Immigration Act 2014 and related regulations, and is supported by detailed Home Office guidance.

Before a new tenancy or licence starts, the landlord or agent must check acceptable identity and immigration documents (or use the official online Right to Rent service) for all adults who will live in the property as their main home, make copies and keep records. For people with time-limited permission to stay in the UK, follow-up checks are required. Non-compliance can lead to civil penalties and, in serious cases, criminal sanctions.

Right to Rent has not been abolished by the Renters’ Rights Act. Proposals to scrap the scheme were debated during the Bill stage but not adopted, so existing duties remain. However, the Act strengthens rules against rental discrimination and reinforces that landlords must choose tenants based on affordability and references, not characteristics such as being in receipt of benefits or having children.

Tenants cannot be charged a separate “Right to Rent check” fee, and unlawful discrimination based on nationality or ethnicity may breach equality law even where checks are required.

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