How to Carry Out Right to Rent Checks in 2025

From 12th February 2025, new guidance came into effect for conducting Right to Rent checks in England. This blog post draws on the latest updates, explains the key changes, and offers practical advice for landlords and agents to ensure they remain fully compliant when letting private property.

What Is Right to Rent?

Under the Immigration Act 2014, all landlords and their agents in England must confirm that a prospective tenant has a lawful immigration status in the UK before granting them a tenancy. Simply put, no one without the legal right to be in the UK should be allowed to rent privately.

Failing to conduct the correct checks could result in significant penalties—including fines or even criminal charges—if an unauthorised occupant is discovered. Given the recent updates to Right to Rent guidance, it’s more important than ever to follow the proper procedures.

Key Changes Introduced in February 2025

1. Decommissioning of Physical Biometric Cards

   • What’s Changing?
     Biometric Residence Permits (BRPs) and Biometric Residence Cards (BRCs) will no longer be valid as standalone evidence of a person’s right to rent.
   • What This Means
     Individuals who previously relied on a physical immigration document must set up a UK Visas and Immigration (UKVI) account to access their eVisa. Digital proof of immigration status will become the primary way to verify a time-limited right to rent.

2. Revised List of Acceptable Documents

   • Clipped Passports: Clipped British or Irish passports are now considered cancelled and are therefore not acceptable evidence of a right to rent.
   • Birth Certificates: A short or long birth certificate is acceptable when presented alongside official evidence of the individual’s name and National Insurance number. This clarification helps tenants who do not possess a valid passport.

3. Ukrainian Nationals and the Ukraine Permission Extension Scheme

   • The new guidance references the opening of the Ukraine Permission Extension Scheme in February 2025, confirming that Ukrainian nationals may have specific routes to extend their permission to stay. Be prepared to check for digital confirmation of their right to rent if they are part of this scheme.

4. Removal of COVID-19 Temporary Adjusted Checks

   • Any references to the temporary measures introduced during the COVID-19 pandemic have been removed. Digital and online verification systems, however, remain in place as standard.

5. Further Information on Electronic Travel Authorisation (ETA)

   • Non-visa nationals using ETA must prove their right to rent through either digital confirmation of their status or via an online Home Office check, depending on individual circumstances.

Unlimited Right to Rent vs. Time-Limited Right to Rent

Unlimited Right to Rent

These individuals can rent property in England indefinitely without needing further checks once their initial Right to Rent check is completed. This category includes:

• British citizens
• Irish citizens
• Individuals with the right of abode in the UK
• Individuals granted settlement
• Individuals with settled or pre-settled status under the EU Settlement Scheme (EUSS)
• Anyone else who has no time limit on their permission to stay

After confirming their documents or digital proof, no further checks are required. However, you should retain a copy of your Right to Rent evidence for the duration of the tenancy and at least one year thereafter.

Time-Limited Right to Rent

These tenants have valid immigration permission to remain in the UK for a set period. Examples include:

• Individuals holding valid Permission to Enter or Stay under the points-based system
• People with pending applications or appeals with the Home Office

For tenants with time-limited status, you must carry out a follow-up check before their permission expires. Failing to do so could expose you to penalties if a tenant’s immigration status lapses.

No Right to Rent

If a person requires permission to stay in the UK but does not have it (and does not have a pending application), they have no right to rent. Authorising occupation in these circumstances can lead to substantial fines or legal consequences.

Children Under 18

The Right to Rent Scheme does not apply to children. You do not need to check anyone who will be under 18 at the start of the tenancy. However, if you must carry out a follow-up check for existing tenants and those children have turned 18 by that time, you should include them in that follow-up process.

Conducting Manual Right to Rent Checks

For prospective tenants presenting physical documents (instead of, or in addition to, digital proof), here’s the three-step process:

1. Obtain Original Documents

• Request and review original acceptable documents from the updated Lists A or B in the government’s guidance.
• These might include a valid British or Irish passport (not clipped) or other approved immigration documents.

2. Check Documents in the Tenant’s Presence

• Confirm the documents are genuine and have not been tampered with.
• Verify the photo and date of birth match the person presenting them.
• Check the name and details across all documents for consistency (explain any differences with original supporting evidence, for example a marriage certificate).
• Check that any immigration permission is still valid.

3. Copy and Record

• Make clear, unalterable copies (or secure digital copies) of the original documents, including all relevant pages (passport expiry date, nationality, visa stamps, etc.).
• Note the date of the check.
• Store these records securely for at least one year after the tenancy ends, then destroy them securely.

Using the Home Office Online Service

Many tenants now have digital immigration status, meaning you can use the Home Office online Right to Rent check:

1. Tenant Shares a Code
   The prospective tenant provides you with a “share code” and their date of birth.

2. Access the Online Portal
   Go to gov.uk/view-right-to-rent and enter the details.

3. Review the Result

   • Confirm the photo and status match the person.
   • Print or save a copy of the online results page for your records.

This online check offers a statutory excuse against civil penalties, so long as the details are accurate and you have followed the correct steps.

Appointing an Agent

Landlords can appoint an agent to handle Right to Rent checks on their behalf. In doing so:

• The agent takes on responsibility (and potential liability) for verifying each tenant’s status.
• If it’s discovered that a tenant does not have the correct immigration status, the agent must refuse to proceed with the tenancy and inform the landlord.

If a landlord knowingly allows a tenancy to go ahead where a tenant has no right to rent, they too could face penalties—even if checks were delegated to someone else.

Record-Keeping and Statutory Excuse

To avoid fines, always retain evidence of:

• When you conducted each check
• Which documents or digital proofs were inspected
• Copies of passports, visas, share codes, and other relevant material

This record acts as your “statutory excuse,” showing that you followed the law should the Home Office question a tenant’s status in the future.

Final Thoughts

Right to Rent checks in 2025 place a greater emphasis on digital verification, updated acceptable document lists, and moving away from physical biometric cards. Staying informed and following the official guidelines will help landlords and agents avoid costly penalties and maintain a fair, transparent letting process.

Whether you conduct checks manually or use the Home Office online service, the crucial point is to keep up to date with guidance and maintain secure, well-organised records. With these measures in place, you’ll be well-prepared for the new era of Right to Rent.