What Right to Rent checks are
Right to Rent checks are immigration-related checks introduced for landlords in England. They require landlords to check that prospective adult tenants have the right to rent property in the UK. In Wales the legal position differs; see official guidance below GOV.UK: Right to Rent checks[1].
How Right to Rent applies in Wales
Right to Rent checks were introduced for England and are not a statutory landlord obligation in Wales in the same way. Welsh tenants still have housing rights under the Housing Act 1988 and Rent Act 1977, which apply to many aspects of tenancy law in England and Wales[2][3]. Landlords in Wales may do identity checks for legitimate reasons, but they must handle personal data lawfully.
What tenants should do
If a landlord asks for documents, follow these steps to protect yourself and your tenancy.
- Provide only the documents asked for and request a written note of the check.
- Keep dated copies of any ID, messages and receipts in case of dispute.
- Ask the landlord or agent in writing to explain the reason for the check and how the information will be used.
- If you are threatened with eviction or a legal claim, record deadlines and consider the First-tier Tribunal (Property Chamber) or court routes for housing disputes First-tier Tribunal (Property Chamber)[4].
Official forms and when they are used
Right to Rent: online check (Home Office) — no form number. Used when a landlord chooses to check a person’s immigration status online rather than taking paper documents. Example: a tenant with settled status gives a landlord a share code and the landlord uses the online service to confirm permission to rent. The official guidance and checking service explain how to do this and what records to keep [1].
Claim form (N1) — Form N1 is the standard civil claim form used to start many court claims, including possession claims. Example: if a landlord in Wales starts a possession claim, they normally begin by filing an N1 with the court; tenants should respond and seek advice promptly. The official form and instructions are available from HMCTS Form N1[5].
FAQ
- Do Right to Rent checks apply in Wales?
- No. Right to Rent checks are an England-focused immigration measure; in Wales landlords may carry out identity checks but the statutory scheme operates differently. Check official guidance and your rights under housing law.
- What documents may landlords ask for?
- Landlords may ask for passports, biometric residence permits, or other identity documents. You can offer to provide a share code for an online check instead. Always keep copies and ask for written confirmation of any check.
- What can I do if I am told I fail a check?
- Ask for a written explanation, keep copies of communications, and seek official advice. If you face eviction or a possession claim, note deadlines and consider contacting the First-tier Tribunal (Property Chamber) or using the court process.
How-To
- Gather and copy the identity documents a landlord requests and make a dated record of the interaction.
- Ask the landlord in writing for the reason for the check and how long they will keep your data; keep their reply.
- If you are threatened with eviction, get the claim number, note the deadline and prepare to challenge the case at the First-tier Tribunal or court.
Key Takeaways
- Keep clear records of any identity checks and copies of documents.
- Ask your landlord in writing for reasons and next steps if you are asked to provide documents.
- If your housing is at risk, contact the First-tier Tribunal (Property Chamber) or get official advice promptly.
