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Right to Rent

Right to Rent is a legal requirement for private landlords in England to check that all adults living in a rental property have the legal right to be in the UK before a tenancy begins. Landlords must check and copy original identity documents. Failing to carry out checks, or letting to someone who lacks the right to rent, can result in civil penalties or criminal prosecution.

The Right to Rent scheme (Immigration Act 2014) requires all private landlords in England to check that adult occupiers have a legal right to be in the UK before a tenancy begins. Checks must be repeated for time-limited permission holders when their leave expires. Landlords who let to a person without the right to rent face a civil penalty of up to £20,000 per occupier for a first breach and up to £20,000 for repeat breaches; knowingly letting to a disqualified person can result in up to 5 years' imprisonment. Since 6 April 2022, landlords may conduct digital identity checks using Identification Document Validation Technology (IDVT) for British and Irish nationals. The Home Office provides a free online checking service for those with biometric residence permits or settled/pre-settled status. Failure to conduct a check (as opposed to finding a breach) gives the landlord a statutory excuse against penalty.

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