It is a legal requirement for private landlords to check the immigration status of all adult tenants and lodgers before they move into the property. This is also called the ‘Right to Rent’.
If a landlord has not carried out a correct check, they could be liable to pay up to £20,000 per tenant.
You can pass the ‘Right to Rent’ check by showing you have the right to live in the UK. You have the right to rent if you have:
- British or Irish citizenship
- Indefinite leave to remain (ILR)
- Refugee status or humanitarian protection
- Settled or pre- settled status under the EU Settlement Scheme
- A work or student visa
- A right to rent granted by the Home Office
Please note that asylum seekers do not usually have the right to rent, though may be eligible for housing through the asylum support system.
If your visa or leave to remain ends within a year, your landlord must complete a follow up check after a year if you still live at the property. Or, if you have a visa or leave to remain for more than a year, your landlord must carry out a follow up check when your leave expires.
If you are a British or Irish citizen, you can show your current or expired passport or naturalisation/registration certificate. For a full list of documents you can use, please use this link: https://www.gov.uk/prove-right-to-rent/using-other-documents
Alternatively, you can get a ‘share code’ to pass the right to rent check if you have an eVisa, a BRP or EU settled/ pre- settled status. You can use this link to get a share code: https://www.gov.uk/prove-right-to-rent/get-a-share-code-online
If you have trouble getting a share code, you can also prove your right to rent by using your passport or immigration document which it shows your immigration status. Show this to your landlord who will take copies of your documents.
If you fail a right to rent check, you cannot be a tenant and your landlord must tell the Home Office who will request your proof of status.
There are some exemptions from the Landlord checking service, including:
- Student accommodation
- Hostels & refuges
- Holiday accommodation
- Care homes
- Local authority accommodation
If you’ve been told that you have no right to rent, or that your permission to stay in the UK has ended, please contact IHRC Legal at 020 3827 1432 or legal@ihrc.org for legal advice.
This information was correct at the date of publishing.
