Right to Rent Checks for Tenants

Under the Immigration Act 2014, private landlords in England must carry out Right to Rent checks on all prospective adult tenants and other adults who will occupy the property before granting a tenancy. The check involves the landlord (or letting agent) verifying that the occupier has the right to be in the UK and therefore the right to rent residential property.

Checks can be carried out in one of two ways:

• Manual document check: The landlord checks original documents in the occupier's presence and takes copies. Acceptable documents include a UK or Irish passport, a Biometric Residence Permit, or a share code from the Home Office online checking service.
• Home Office online checking service: For those with a digital immigration status (such as EU Settlement Scheme status), the tenant generates a share code that the landlord uses to check their status online. No physical documents are required.

The landlord must retain copies of the documents checked for the duration of the tenancy and for one year after it ends.

Your right to rent is categorised as either unlimited or time-limited:

• Unlimited right to rent: British citizens, Irish nationals, those with indefinite leave to remain, those with EU settled status, and those with no time restriction on their stay in the UK. Landlords only need to check once.
• Time-limited right to rent: Those with limited leave to remain — for example, on a student visa, work visa, or EU pre-settled status. The landlord must carry out a follow-up check before the expiry of the individual's leave, or within 12 months of the initial check (whichever is later).

If a follow-up check confirms that your right to rent has expired, the landlord should notify the Home Office. However, this does not automatically end your tenancy — you have other legal protections and should seek immigration advice urgently if your leave is about to expire.

Right to Rent checks create a risk of discrimination if landlords decide to only rent to British nationals to avoid the complexity of the scheme. This is unlawful. Landlords must check all prospective tenants equally — they cannot request more documents from some nationalities than others, or refuse to rent to someone because of their nationality or immigration status, unless they have actually confirmed the person does not have the right to rent.

If you believe a landlord has refused to rent to you due to your nationality or ethnicity rather than an actual Right to Rent issue, this may constitute unlawful discrimination under the Equality Act 2010. You can:

• Report the landlord to the Equality and Human Rights Commission
• Bring a claim in the county court for unlawful discrimination
• Seek advice from Citizens Advice or a housing solicitor

The Home Office publishes guidance for landlords making clear that checks must be applied consistently and without discrimination.

The Renters' Rights Act 2025 does not change the Right to Rent scheme itself — that remains a requirement under the Immigration Act 2014. However, several aspects of the reformed private rented sector interact with Right to Rent in ways tenants should understand.

Right to Rent checks and the Private Rented Sector Database

The Act creates a Private Rented Sector Database on which landlords must register before letting a property. As part of their registration, landlords are expected to confirm compliance with legal obligations — including carrying out Right to Rent checks. Tenants will be able to verify whether their landlord is registered on the database, which provides an additional layer of accountability for landlords who fail to carry out required checks.

Prohibited discrimination against migrants and benefit claimants

The Renters' Rights Act 2025 explicitly prohibits landlords from imposing blanket discriminatory restrictions on prospective tenants based on immigration status (beyond what is required by the Right to Rent scheme), receipt of benefits, or the presence of children. This is a significant step forward. Previously, a landlord might claim their "No DSS" or "No immigrants except British" policy was a legitimate business decision; under the Act, such policies are unlawful.

If you believe a landlord has refused to rent to you based on your immigration status — even though you have the right to rent — this is potentially both a Right to Rent scheme breach (for applying the scheme inconsistently) and unlawful discrimination under the Renters' Rights Act 2025 and the Equality Act 2010. Report to the Equality and Human Rights Commission and the council's housing enforcement team.

No-fault eviction abolition and Right to Rent follow-up checks

Previously, when a time-limited Right to Rent expired and could not be renewed, landlords could use a Section 21 notice to recover possession. With Section 21 abolished, landlords must now use a specific possession ground. A tenant whose leave to remain has expired does not automatically lose their home — the landlord must apply to the court on a specific ground, and the court will consider all the circumstances. If your immigration leave is expiring, seek immigration advice urgently rather than waiting to receive an eviction notice.