Right to Rent checks are a routine part of private renting in England, and tenants should know what landlords must do and what documents you may be asked to show. This guide explains how checks work, which identity or immigration documents are acceptable, what protections tenants have against unfair treatment, and practical steps if a check goes wrong. It uses plain language for renters and tenants who face issues such as incorrect refusals, delayed checks, or concerns about discrimination. Where necessary the guide points to official GOV.UK and Home Office resources and explains when to record evidence, complain to the landlord, or escalate matters to the First-tier Tribunal (Property Chamber).
What landlords must do
Landlords are required to establish a tenant's right to rent before a tenancy starts and at prescribed times. These duties are set out under the Housing Act 1988 and the Rent Act 1977[1][2]. For practical guidance landlords and tenants can consult the official GOV.UK guidance and use the Home Office online service where applicable.
- Carry out checks before a tenancy starts and within the required timeframe.
- Inspect original identity or immigration documents or complete an online check using the Home Office service.
- Keep dated copies and a written record of each check to show a 'right to rent' decision was made.
- Make decisions without discriminating on protected characteristics; treat applicants consistently.
Acceptable documents
Not every document will apply to every tenant; below are common examples landlords may accept when performed correctly.
- Current UK passport showing British citizenship.
- Biometric Residence Permit or Card confirming immigration status.
- UK birth certificate plus official photo ID where requested.
- A valid Home Office share code that enables an online check of leave to remain.
What to do if a check is mishandled
If you think a landlord has not followed correct procedures, take these practical steps to protect your tenancy and record the problem.
- Contact the landlord in writing asking them to explain what happened and to repeat the check if appropriate.
- Request copies of any records or copies of documents the landlord held when the check took place.
- If the matter affects your tenancy or you are threatened with eviction, consider applying to the First-tier Tribunal (Property Chamber) for a decision or remedy.
- Note dates, names and keep photographic or electronic evidence if you believe discrimination occurred.
FAQ
- Do Right to Rent checks apply to all tenancies?
- Most private residential tenancies in England require checks, but some social or company lettings may follow different rules; check the GOV.UK guidance for specifics.
- What documents can a landlord ask to see?
- Landlords can ask to see acceptable identity or immigration documents such as passports, biometric residence permits or a Home Office share code.
- Can a landlord evict me for not having the right documents?
- A landlord should follow legal possession procedures; failure to provide documents may affect a tenancy if a right to rent is not established, but eviction still requires proper notice or court proceedings.
How-To
- Gather your acceptable documents and, if available, obtain a Home Office share code for an online check.
- Contact the landlord in writing asking for a clear explanation and any records of the check.
- Lodge a formal written complaint to the landlord or managing agent if the response is unsatisfactory.
- If your tenancy or possession is at risk, apply to the First-tier Tribunal (Property Chamber) or attend any listed hearing.
- Keep organised records of dates, documents and correspondence throughout the process.
Key Takeaways
- Landlords must check a tenant's right to rent before a tenancy begins.
- Keeping copies of documents and dated records protects both tenants and landlords.
- If a check is mishandled, keep evidence and escalate to the tribunal or seek official remedies.
