Right-to-rent Check Guide for South West London Landlords 

One of the important responsibilities that landlords in south west London must fulfil is correctly completing right to rent checks. For new landlords, the process might feel a little overwhelming but we’ve provided a step-by-step guide to ensure that you know exactly what you need to do. 

If you are a landlord in Mayfair, Wimbledon Park, New Malden or any other south west London area, read on to find out how to check your tenant’s right to rent. 

What’s A Right To Rent Check? 

Private landlords are legally required to check the immigration status of prospective tenants to verify that they have the right to live in the UK under the Immigration Act 2014. This involves ID checks and checking immigration documents. 

Checks must be completed for all adults aged 18 and above living in the property as their main home, even if they are not named on the tenancy agreement. The checks must be made for prospective tenants of any nationality, including British and Irish citizens. 

Landlords can face financial penalties of up to £10,000 per occupier for not completing a right to rent check. For landlords who are worried about completing right to rent checks, they can request a letting agent to do it on their behalf. However, it is important that there is a written agreement in place confirming that the responsibility has been delegated to the letting agent.  

Who Has The Right To Rent In The UK? 

It is important that you check the right to rent for all tenants aged 18 and over who will be living in your rented property. Some people will have unlimited right to rent a property in the UK, some will have a specified period, and some won’t have the right to rent: 

Unlimited right to rent 

The following people will have unlimited right to rent: 

• British nationals 
• Irish nationals 
• People with a permanent residence card or settled status 
• EU, EEA or Swiss nationals who established their right to rent prior to entering a tenancy agreement before 1 July 2021. 

Limited right to rent 

Some people will have a specific time limit for renting property in England. This will typically be for people who have a visa with a time limit for how long they are permitted to stay in the UK. Checks for limited right to rent tenants must be completed no more than 28 days prior to the start date on the tenancy. Further checks must be completed again before the right to rent expires. 

No right to rent 

People who do not have valid immigration status or whose status has expired have no right to rent in the UK. Landlords must not allow people with no right to rent to live in their property and must inform the Home Office if a tenant fails a follow upright to rent check. Landlords who knowingly allow tenants to rent their property with no right to rent can face serious financial penalties and even prison sentences. 

Right To Rent Document Checks: What Paperwork Is Required? 

The following types of documents must be checked based on the right to rent category: 

Unlimited right to rent: 

• Valid UK or Irish passport 
• Certificate of registration or naturalisation as a British citizen 

Time limited right to rent: 

• Home-Office issued Biometric Residence Card 
• Passport endorsed with time-limited period 
• Immigration status document issued by the Home Office 
• Non-EEA National Residence Card 

How To Conduct Right To Rent Checks 

There are a few different processes for conducting a tenant’s right to rent checks, depending on the documents that the prospective tenant has: 

A. Manual Document Checks 

When checking an original document such as a passport or visa, the landlord or agent must check that the person matches the ID. Copies of the document must be made and kept for the duration of the tenancy and a year after the tenancy ends. 

B. Online Home Office Check 

People who have been provided with an eVisa can provide landlords with a share code which can be used on the Home Office online check service to verify immigration status. 

C. Using an Identity Service Provider (IDSP) 

Another option for landlords is to use an approved IDSP (Identity Service Provider) to complete the checks on their behalf. 

Does My Tenant Need Follow Up Right To Rent Checks? 

If your tenant has an unlimited right to rent in the UK, you will not need to complete follow up checks. However, if your tenant has a time limited right to rent, a follow up check will be required. This will either be 12 months after the previous check or just before the end of their permission to stay, whichever is that latter. 

What Tenants And Properties Are Exempt From Right To Rent Checks? 

Tenants under the age of 18 are not required to have right to rent checks. There are also some types of properties that do not require tenants to have right to rent checks: 

• Student accommodation  
• Care homes, hostels and refuges 
• Accommodation provided by the council 
• Accommodation provider by an employer as part of the tenant’s job 

 Conducting right to rent checks is a legal requirement and they must be completed before tenants move in. If you are a landlord in Kingston, Wimbledon or Coombe, we can help to navigate the complicated processes involved in performing the checks. To find out more about our services, get in touch with our lettings team.