What is the Right to Rent Check?
The Right to Rent check is a legal requirement for landlords in England. Before renting out a property, landlords must check that every adult tenant has the right to live in the UK. This rule was introduced as part of the government’s efforts to prevent people without legal immigration status from renting homes in England.
What Does the Scheme Involve?
Under the Right to Rent scheme, landlords need to verify the immigration status of all adult tenants, lodgers, or anyone else who will be living in the property as their main home. This includes British citizens, EU nationals, and people from outside the UK. The checks must be carried out before the start of a new tenancy agreement.
Landlords will typically ask tenants to provide documents, such as a passport or a biometric residence permit, to prove their right to rent. In many cases, these checks can now be done online using a share code, which makes the process quicker and more secure.
Why Was the Right to Rent Introduced?
The main aim of the Right to Rent scheme is to stop people living in the UK illegally from accessing private rented accommodation. By making landlords responsible for checking their tenants’ status, the government hopes to make it harder for those without the right to be in the country to find housing. For a detailed background on how these checks work and the legal obligations involved, you can read the House of Commons Library’s guide on Right to Rent.
Who Needs to Carry Out the Checks?
The responsibility for carrying out Right to Rent checks lies with the landlord or their letting agent. If you are subletting a property or taking in a lodger, you may also need to carry out these checks. The checks must be completed for every new tenancy, regardless of the tenant’s nationality.
If a landlord fails to carry out the required checks, they could face a civil penalty or even criminal charges. This makes it essential for landlords to understand their responsibilities and follow the correct process.
When Should the Checks Be Done?
Right to Rent checks should be completed before the start date of any new tenancy. If the tenant’s right to stay in the UK is time-limited, landlords must also carry out follow-up checks before their permission expires.
How Does This Compare to Other Checks?
The Right to Rent check is similar in some ways to the right to work checks employers must carry out. Both are designed to ensure that only people with valid status in the UK can access certain rights, such as employment or housing.
Where Can I Find More Information?
If you are new to renting or letting in the UK, you might find it helpful to read our overview of rental applications and the legal process in the UK. This provides broader guidance on what to expect when applying to rent a property and your legal rights and responsibilities.
Understanding Share Codes
A share code is a unique nine-character code generated by the UK government’s online system. Its main purpose is to allow non-British tenants to quickly and securely prove their immigration status to landlords. Instead of showing physical documents, tenants can simply give their share code to a landlord, who then uses it to check their right to rent in England.
Share codes are part of the Home Office’s move towards digital checks. For tenants, this means you don’t have to worry about losing important paperwork or waiting for documents to arrive in the post. You can access your share code online at any time, making the process much faster and more convenient.
For landlords, using share codes helps ensure you are meeting your legal duties. It provides clear evidence that you have checked your tenant’s immigration status, reducing the risk of accidental breaches. The online check is also more reliable, as the information comes directly from the Home Office.
To get a share code, tenants need to visit the UK government’s ‘Prove your right to rent’ service online. You will need details such as your biometric residence permit, biometric residence card, or your EU Settlement Scheme status. The system will guide you through the steps to generate a code, which you then share with your landlord. The code is valid for 90 days, giving landlords enough time to complete the required checks.
If you are interested in how share codes are also used for proving the right to work in the UK, you can learn more in our guide: What is a Right to Work Share Code?. This can help you understand the wider use of share codes in UK immigration checks.
How Landlords Use Share Codes for Right to Rent Checks
When a prospective tenant provides a share code, landlords can quickly and securely check their right to rent using the Home Office online service. Here’s how the process works step by step:
- Get the Share Code and Date of Birth
The tenant will give you a share code, usually in the format ‘ABC-123-XYZ’, along with their date of birth. This code is generated through the government’s online system and is valid for 90 days. - Visit the Home Office Online Checking Service
Go to the official Home Office website for checking a tenant’s right to rent. Enter the share code and the tenant’s date of birth as prompted. This service is available 24/7 and is free to use. - Review the Tenant’s Status
The system will display the tenant’s immigration status and confirm whether they have the right to rent in England. You’ll see their name, photograph, and the type of permission they hold. This helps you ensure the person presenting the code matches the person applying to rent. - Record and Store the Results
You must keep a copy of the online result – either by printing the page or saving a PDF – as proof you’ve completed the check correctly. This record should be kept for at least one year after the tenancy ends.
Using share codes streamlines the process and reduces paperwork. There’s no need to handle physical documents or worry about forgeries. Results are clear, up to date, and provided directly by the Home Office, making compliance much easier for landlords.
For more detailed instructions, you can refer to the official Right to rent document checks: a user guide – GOV.UK, which covers every aspect of the process.
If you’re new to letting or want to understand your broader responsibilities, see our guide to renting out to private tenants.
Interested in how share codes are also used for employment checks? Discover more in our article on how employers use the share code to check work rights.
What Tenants Need to Do
If you are renting a property in England, you must prove your right to rent to your landlord. For many tenants, this means providing a share code, which allows your landlord to check your immigration status online.
How to Provide Your Share Code
To get started, generate your share code through the official Home Office online service. Once you have your code, give it to your landlord along with your date of birth. This lets them access your right to rent information quickly and securely. Make sure the code is valid – codes usually expire after 30 days, so provide it promptly.
Other Documents You Might Need
While a share code is often enough, your landlord might also ask for additional documents, especially if you do not have a digital immigration status. Common examples include a passport, a biometric residence permit, or a visa. Always check which documents your landlord needs in advance to avoid delays.
Tips to Prepare for Right to Rent Checks
- Gather your documents before you start looking for a property.
- Check that your share code is up to date and matches your current immigration status.
- Let your landlord know if you have any issues generating your share code.
- Keep copies of any documents you share for your own records.
If you are new to the rental process, you may also find it helpful to read a step-by-step guide to applying for a rental property.
What If You Don’t Have a Share Code?
If you cannot generate a share code – perhaps because your application with the Home Office is still being processed – tell your landlord as soon as possible. In some cases, your landlord can request a manual check from the Home Office. You may need to provide other documents or reference numbers to help with this process.
For tenants interested in how share codes are used for other purposes, such as proving work rights, you can learn more about how employers use share codes to check work rights.
By preparing your documents and understanding the process, you can make your right to rent check go smoothly and avoid unnecessary delays in moving into your new home.
Legal Responsibilities and Compliance
Landlords in England have a legal duty to check that anyone aged 18 or over who is living in their property has the right to rent. This is known as the Right to Rent scheme. The law requires landlords to verify a tenant’s immigration status before allowing them to move in. Failing to carry out these checks properly can result in serious consequences, including hefty fines or even imprisonment.
If a landlord does not complete the correct Right to Rent checks, they can be fined up to £3,000 per tenant. In some cases, criminal charges may apply, especially if a landlord knowingly rents to someone who does not have the right to be in the UK. It’s vital to keep accurate records of all checks carried out, including copies of documents or confirmation of online checks.
Using share codes makes it easier for landlords to comply with their legal duties. A share code is a unique number provided by the Home Office that allows landlords to check a tenant’s right to rent online. This system provides a clear, up-to-date answer about whether someone can legally rent in England and helps landlords avoid mistakes. The online process also produces a record of the check, which is important if you ever need to prove you followed the law.
While following these steps, landlords must be careful not to discriminate against tenants based on nationality, race, or immigration status. The law is clear: everyone must be treated fairly. Only request a share code or documents when it’s required for a Right to Rent check, and never make assumptions about someone’s status based on how they look or sound. For more guidance on treating all applicants fairly, see our section on Discrimination When Applying to Rent.
If you are a landlord of a shared ownership property, your responsibilities may differ in some areas. Make sure you understand your obligations by reading Your Responsibilities as a Landlord of a Shared Ownership Property.
For detailed guidance on carrying out Right to Rent checks and avoiding discrimination, refer to the Landlord’s guide to right to rent checks – GOV.UK. This official resource explains the process step by step and answers common questions.
Common Issues and Troubleshooting
Even with clear guidance, problems can arise during Right to Rent checks. Below, we cover some typical issues and practical steps to resolve them.
Invalid or Expired Share Codes
Share codes are only valid for 90 days. If a landlord tries to use an expired code, the online system will not accept it. In this case, the tenant should generate a new share code and provide it to the landlord. If the code appears invalid immediately, double-check that it has been entered correctly and that the correct date of birth is used. If problems persist, tenants can revisit the Home Office’s online service to create a fresh code. For more on generating share codes and who can use them, see Who Can Use the Share Code?.
Unclear Immigration Status
Sometimes, the online check may not provide a clear answer about a tenant’s right to rent. This can happen if the Home Office records are not up to date, or if the tenant’s application is still being processed. In these cases, landlords should not make assumptions. Instead, they can request further documents from the tenant or use the Home Office Landlord Checking Service to get confirmation. Tenants should provide any supporting evidence they have, such as letters from the Home Office or proof of application.
What to Do If Problems Arise
If issues cannot be resolved easily – such as repeated problems with share codes, or uncertainty over a tenant’s status – both parties should keep a record of all communications and attempts to resolve the matter. Landlords should avoid refusing tenancies simply because of technical issues. Instead, they should follow official guidance and seek clarification.
Getting Help and Further Advice
If you are unsure how to proceed, or if you believe a check has been handled unfairly, there are resources available. Landlords can consult the Landlord’s guide to right to rent checks – GOV.UK for step-by-step instructions and advice on handling complaints. Tenants can also seek support from immigration advice services or local housing charities.
By following these steps and using available resources, both landlords and tenants can help ensure the Right to Rent process runs smoothly.
Additional Tips for a Smooth Rental Process
A smooth rental experience relies on good communication and clear understanding between landlords and tenants. Being open and honest from the start can prevent misunderstandings and help both parties feel confident throughout the process.
Communicate Early and Clearly
Right to Rent checks are just one step in the wider rental application. Landlords should explain what information they need and why, including when a share code is required. Tenants should ask questions if anything is unclear, and provide documents promptly to avoid delays.
Understand the Full Rental Application Process
The Right to Rent check is often carried out alongside other important steps. Landlords may ask for references from previous landlords or employers to confirm a tenant’s reliability. If you’re unsure how these checks work, see our guide on rental references for more details.
Some tenants may also need a guarantor – someone who agrees to pay the rent if the tenant cannot. This can make it easier for tenants with limited rental history or lower income to secure a property. Learn more about what a guarantor does in our article, What Does a Guarantor Do? UK Rental Agreements Explained.
Fees and deposits are another key part of the application. Understanding what you might need to pay, and when, is essential for budgeting and planning. For a breakdown of typical charges and your rights, read about application fees and holding deposits.
If you want a broader understanding of how Right to Rent checks fit into the legal process of renting, our overview of Rental Applications in UK law can help.
Promote Fairness and Transparency
Both landlords and tenants should strive for fairness and transparency. Landlords should treat all applicants equally and follow the law at every stage. Tenants should be honest about their circumstances and provide accurate information.
Get Extra Support When You Need It
If you have questions about share codes, Right to Rent checks, or any part of the rental process, Contend’s AI Legal Assistant can help. Get clear, personalised answers to your legal questions, guidance on your next steps, or even help drafting letters to your landlord or tenant. Whether you’re unsure about your rights, need help gathering documents, or want to understand your options, Contend is here to support you every step of the way.
