Right to Rent & Non-Employer Compliance
Right to Rent Checks for Landlords and Agents
Landlords and agents in England must check that adult occupiers have the right to rent.
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What the issue is
In England, landlords (or agents who have agreed in writing to take responsibility) must check the immigration status of adult occupiers before a tenancy begins, following the Home Office landlord's guide. Digital status is checked online with a right to rent share code.
Repeat checks and retention
Where an occupier has time-limited permission, follow-up checks are needed. Check records must be kept for the period set out in the guidance.
What happens if something goes wrong
A landlord without a statutory excuse may face a civil penalty; more serious offences can apply where a landlord knows or has reasonable cause to believe an occupier has no right to rent.
Common failures
- Using a right to work share code for a rental check.
- No follow-up check for time-limited occupiers.
Evidence to keep
Examples to consider where relevant — not a complete or mandatory list.
- Check records with dates for every adult occupier.
Practical preventative steps
- Agree in writing whether the landlord or agent conducts checks.
Official rules and guidance
Rules and guidance change. Check the current official sources before relying on this information.
This is general legal information for organisations, not advice on your circumstances. Duties depend on your business, workers and the rules and guidance in force at the relevant time. No outcome is guaranteed.
Andrew Williams Solicitors provides regulated legal advice, legal review, representation and solicitor-led compliance support. Compliance monitoring and workflow technology (such as ICMS and ComplianceWatch) is provided separately by Ibiab Systems and is not legal advice.
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When solicitor advice may be appropriate
Speak to Andrew Williams Solicitors about your organisation's position, a Home Office visit, a penalty notice or a licence concern. Scope and fees are agreed in writing before substantive work begins.