Right to Rent Guidance Note for Residential Agents

This Right to Rent Guidance Note for Residential Agents outlines the different categories of right to rent, the steps for conducting checks, and how to establish and maintain a “statutory excuse” to protect against liability. Additionally, it provides a brief overview of the process for appealing a civil penalty and ending a tenancy. A landlord may delegate the responsibility for conducting the right to rent checks to you as part of the services provided for letting or managing a residential property. In such cases, there should be a written record of this. 

The Immigration Act 2014 introduced right to rent checks and placed a duty on a landlord (or tenant taking in a lodger), to carry out a “Right to Rent” check on every occupier aged 18 or over before letting a property.

The Immigration Act 2016 expanded criminal liability for landlords under sections 33a and 33b by making it a criminal offence if you know, or have reasonable cause to believe, that you are renting to a person who does not have the right to rent. The penalties for non-compliance are:

• A civil penalty of £5,000 per lodger and £10,000 per occupier for the first breach;
• A civil penalty of £10,000 and £20,000 per occupier for subsequent breaches;
• In the most serious cases, a criminal conviction carrying a prison sentence.

As an agent, you will have a statutory excuse against a penalty under section 26 of the Immigration Act 2016 if you can show that you correctly conducted a right to rent check, as well as any necessary follow up checks required.

This Right to Rent Guidance Note for Residential Agents incorporates government code and guidance, and includes recent updates as of the time of writing. The Guidance Note provides an overview of the following:

• The Code of Practice
• Transferring liability
• What is required from agents
• Categories of Right to Rent (unlimited and time-limited)
• Excluded agreements
• Steps for conducting a right to rent check and establishing a statutory excuse
• Maintaining a statutory excuse
• Objecting and appealing a civil penalty
• Ending a tenancy

Lettings agencies should note that the Government published a ‘Code of Practice’ for landlords and a ‘Landlord’s Guide to Right to Rent Checks’, which was released in November 2020, detailing the steps landlords must take to comply with the Right to Rent Scheme. Since its publication, the following updates have been introduced:

• April 2022: Changes regarding the use of biometric cards came into effect.
• February 2023: Guidance was clarified on the use of Identity Document Validation Technology (IDVT) and Identity Service Providers (IDSPs) to support manual document-based and Home Office online checking service right to rent checks.
• August 2023: Updates to the EU Settlement Scheme (EUSS) were introduced.
• February 2024: Significant changes were made to penalties for non-compliance with right to rent checks.
• June 2024: Changes were implemented regarding right to rent checks for EEA citizens and their non-EEA family members with pre-settled status under the EU Settlement Scheme.
• September 2024: Clarifications were provided on ILR endorsements in the current passports from Crown Dependencies, along with updates to the changes in the Homes for Ukraine Scheme.
• 12 February 2025: Biometric Residence Permits/Cards are being phased out, Annex A updates on the list of acceptable documents, and information confirming the Ukraine Permission Extension Scheme. 

As an agent appointed on behalf of the landlord to undertake a right to rent check, it is essential to stay informed about updates to the right to rent rules by consulting the most recent guide which can be found here - Landlord's guide to right to rent checks: 12 February 2025 (accessible) - GOV.UK

This Right to Rent Guidance Note for Residential Agents should be read in conjunction with the following documents:

Letting Agent’s Checklist for Right to Rent Checks

Right to Rent Responsibility Transfer Agreement

Eviction Notice for Tenant with No Right to Rent

If you are a landlord, please refer to Right to Rent Guidance Notes for Residential Landlords.

Once you have purchased access to the appropriate document folder click on the “Download Document” button below. You will be asked what you want to do with the file. It is recommended that you save the document to a location of your choice prior to viewing.

Right to Rent Guidance Note for Residential Agents is part of Property. Just £38.50 + VAT provides unlimited downloads from Property for 1 year.