Can Landlords Conduct Right to Rent Checks on Potential Tenants Who Are Not Currently in the UK?

It is illegal to discriminate against anyone based on their place of origin. If a prospective tenant has a digital Certificate of Application (CoA), they can provide a participation code and use the GOV (UK) online service called “Check a Tenant's Right to Rent in England” to check their right to rent. If the CoA is non-digital, it must be checked through the Landlord Verification Service to get a Positive Notification about the Right to Rent (PRRN). A copy of the CoA and PRRN must be kept as legal evidence against liability for civil sanctions.

The law requires landlords to carry out follow-up checks if the tenant was entitled to stay in the UK for a limited time when the initial verification took place. The Landlord Verification Service will respond within two business days with a clear “yes” or “no” answer. An affirmative answer means that the tenant has the right to rent in the UK. The details of their immigration status or applications will not be released. The Right to Rent system requires landlords to prove that prospective tenants of privately rented housing have a legal right to be in the United Kingdom.

Verifying immigration status is a legal requirement for all landlords. Before renting a home in England, tenancy agents must verify identity and immigration status. Applicants disqualified from renting in the UK cannot occupy rental property. Landlords must obtain, verify, and record required documentation from all adults who intend to occupy their property.

These checks are necessary to verify both identity and immigration status. Documents can be divided into those that prove an unlimited rental right (List A) and those that demonstrate a right to rent for a limited time (List B).If you sublet the property you rent, it is your responsibility to carry out verification of the right to rent and keep evidence before the occupant moves. You can ask the landlord to carry out checks on your behalf, but this agreement must be agreed in writing and you must keep a copy for proof. It is important to request and keep proof that verification has been performed and determine if tenants with limited-time rental rights require follow-up checks. People should be asked to show their face to check that it matches their facial image on their documents.

If you verify this document correctly, as described in the Landlord's Guide to Right to Rent Checks, you will establish an ongoing legal excuse against civil sanctions and will not need to perform any other verification of the right to rent, as long as the lease agreement is not modified. You do not need to prove your right to rent if you are staying at a shelter or hostel, as they are exempt from the Right to Rent regime. Landlords are expected to make their own inquiry each time and not rely on any evidence that discretionary right to rent was granted by a previous landlord. Certified Identity Service Providers (IDSP) are external providers that comply with government standards to digitally verify right to rent for British and Irish citizens who hold valid passports (including Irish passport cards). This document contains a visual guide of types of immigration documents tenants can submit and accept by landlords or tenancy agents for manual verification of right to rent. Biometric cards or residence permits cannot be accepted for manual verification. If remaining legal tenants wish to continue their tenancy, it can be reassigned one or more remaining adult occupants who have the right to rent.

The responsibility for ensuring verification is carried out lies with landlords, but leasing agents can also carry out checks on their behalf. If you check this document correctly, as described in the Landlord's Guide to Right to Rent Checks, you will establish an ongoing legal excuse against civil sanctions and will not need to perform any other verification of the right to rent, as long as the lease agreement is not modified.