Right to Rent Checklist for Lettings Agency

This Right to Rent Checklist for Lettings Agency is to be used by residential lettings agents to record a prospective tenant’s right to rent status. 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. Please see: Right to Rent Responsibility Transfer Agreement which should be obtained if you are to be responsible for right to rent checks.

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 for £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.

To avoid a civil penalty, you must establish what is known as a “statutory excuse” under Section 24 of the Immigration Act 2016. To obtain this protection, you must conduct right to rent checks on all prospective adult tenants. These checks can be performed in the following ways:

• A manual right to check;
• A right to rent check using an Identity Service Provider (IDSP) and Identity Document Validation Technology;
• A Home Office online Right to Rent check;
• In certain situations, a check may be required with the Home Office Landlord Checking Service.

When undertaking a manual right to rent check you are required to check one document from List A (Group 1) or two documents from List A (Group 2). List B contains the range of documents you may accept.

The Right to Rent Checklist for Lettings Agency includes a detailed list of acceptable documents, with instructions on what copies need to be taken and a list of matters that need to be checked for each document. 

Please note, the Government released its ‘Code of Practice’ and guidance, ‘Landlord’s Guide to Right to Rent Checks’ 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 a 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 a Letting Agent 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 Checklist for Lettings Agency should be read in conjunction with the following documents :

Right to Rent Guidance Notes for Residential Agents
Right to Rent Responsibility Transfer Agreement
Eviction Notice for Tenant with No Right to Rent

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