Right to rent checks
Right to Rent continues to apply in England. Landlords and agents should use the current Home Office Landlord’s Guide rather than relying on the original 2016 document-checking process described below. Checks may now involve the Home Office online service, an identity service provider for eligible British and Irish citizens, the Landlord Checking Service, or a prescribed manual document check depending on the occupier’s status. The Home Office updated its guidance on 10 August 2026. Updated statutory codes have also been published and are due to come into force on 1 October 2026.
Following an initial trial in the North, Right to Rent checks have been rolled out nationwide affecting all residential landlords. Since February 2016 landlords are required to know their tenants in much the same way as employers are required to know their employees. In particular, they need to know the immigration status of all of their adult tenants.
So how do landlords become instant experts on immigration leave?
Some landlords are passing the responsibility to their agents in return for an indemnity. At time of writing that is untested in case law but is so prevalent across the industry that as long as everyone is professional and keeps records correctly, including of the indemnity itself, it is likely to protect the landlord should a tenant have rented without proper leave.
Alternatively, both private landlords and indemnifying agents are choosing to use Right to Rent check services. That cost is passed back to the potential tenant but, once again, it cannot be said with absolute certainty that the parties are protected by those services. The duty in law is on the landlord, whether that duty has effectively transferred to another will depend on the circumstances of each matter and, vitally, the evidence that can be produced.
There are exemptions such as commercial leases, employer provided accommodation, care homes and so on but for the majority of landlords and agents in the UK this has been an important and somewhat onerous development. A recent survey found that Right to Rent is the greatest stressor for landlords ( https://landlordnews.co.uk/right-rent-named-top-cause-stress-landlords/ ). The reason for that is that the penalties are high if mistakes are made and the law is so new that the worry about making mistakes is real. The Immigration Act slightly improves the position offering more defences but essentially due diligence for landlords and those serving them got harder in 2016.
Practical steps and guidance
The safest approach is to use the current Home Office Landlord’s Guide to Right to Rent checks. The correct method depends on the prospective occupier’s status and evidence. Depending on the circumstances, the check may be completed using the Home Office online service, an approved identity service provider for eligible British or Irish citizens, the Landlord Checking Service, or a prescribed manual document check.
Landlords and agents should apply checks consistently to all prospective adult occupiers to reduce the risk of unlawful discrimination, retain the evidence required by the Home Office guidance and diarise any follow-up check where a person’s right to rent is time-limited. Agencies should also keep their staff training and written procedures up to date.
The Home Office guidance was updated on 10 August 2026. Updated statutory codes of practice have been published and are due to come into force on 1 October 2026, so landlords and agents should check the live guidance before carrying out a check.
Useful UK legal and solicitor links
- GOV.UK: Landlords guide to Right to Rent checks
- GOV.UK: Right to Rent document checks user guide
- GOV.UK: Right to Rent codes of practice
- Anthony Gold: Landlord and agent regulation solicitors
This article provides general information only and is not a substitute for legal or tax advice on a specific case.
