Letting property in London is a rewarding business, but it comes with strict legal responsibilities. One of the most important – and sometimes overlooked – is the Right to Rent check. Since the Immigration Act 2014, landlords have been legally required to confirm that every adult tenant has the legal right to live in the UK.
For landlords in South East London, where the tenant base is diverse and international, this is especially important. A failure to comply can result in civil fines, criminal charges, and reputational damage.
This guide explains exactly what Right to Rent is, how to carry out the checks, and the best practices to protect yourself and your tenants.
What is Right to Rent?
Right to Rent is a legal obligation for landlords in England to check that tenants and lodgers over the age of 18 are permitted to rent residential property.
- The law applies to all types of landlords – whether you own one buy-to-let property or manage a large portfolio.
- It covers private tenants, lodgers, and even sublets if you are the immediate landlord.
- Checks must be done before the tenancy begins.
Put simply, landlords act as the first line of defence in ensuring rental housing is only occupied by people with a legal right to live in the UK.
How to Carry Out Right to Rent Checks
The process is straightforward, but it must be done correctly to meet the law.
Step 1: Obtain and Check ID Documents
Ask every adult tenant to provide acceptable documents. These include:
- A UK or Irish passport
- A biometric residence permit or card
- A valid visa or immigration status document
- Certificates of naturalisation or registration as a British citizen
The full list is published by the Home Office.
Step 2: Verify Authenticity
- Check that the documents are genuine, unaltered, and belong to the tenant.
- Ensure photos match the tenant’s appearance.
- Confirm dates of birth are consistent across documents.
Step 3: Copy and Retain Records
- Make clear, legible copies of each document.
- Record the date the check was carried out.
- Store securely, in compliance with GDPR rules.
Step 4: Use the Online Checking Service (if applicable)
For tenants with a digital immigration status, you can use the Home Office’s free online Right to Rent checking service. The tenant provides you with a “share code” to confirm their status.
Ongoing Responsibilities
- Time-limited visas: If a tenant’s right to rent is temporary, you must carry out a follow-up check before it expires.
- Repeat checks: Continue to monitor until the tenancy ends or the tenant proves permanent status.
- Sub-tenants: If you allow subletting, make sure you know who is ultimately responsible for checks.
Penalties for Non-Compliance
Right to Rent is not optional. The penalties are significant:
- Civil fines: Up to £3,000 per tenant.
- Criminal liability: For knowingly letting to someone without the right to rent, landlords can face unlimited fines or even imprisonment.
- Reputational damage: Councils can add landlords to public rogue registers.
For landlords in South East London, where local councils already take a proactive approach to enforcement, the risks are higher.
Best Practice for South East London Landlords
Right to Rent checks are not difficult, but landlords often make small errors that can cause problems later. Here’s how to avoid them:
- Check all adults: Even if they’re not named on the tenancy agreement, every adult living in the property must be checked.
- Keep records: Retain copies for the duration of the tenancy plus 12 months afterwards.
- Don’t discriminate: Apply the same process to all tenants to avoid breaching equality laws.
- Schedule reminders: If tenants have limited visas, set calendar alerts for follow-up checks.
- Use a letting agent or compliance partner: If you don’t want the responsibility, appoint a professional agent and ensure their contract makes them legally responsible.
Common Mistakes Landlords Make
- Assuming British-looking tenants don’t need checks: The law requires you to check everyone.
- Failing to re-check visas: Time-limited visas need ongoing monitoring.
- Not storing documents securely: Mishandling tenant data can breach GDPR and result in further fines.
- Delegating checks without agreement: If an agent does checks, the contract must explicitly make them responsible.
Local Impact in South East London
The demographic make-up of South East London means landlords are more likely to let to international students, professionals on visas, or families with mixed immigration status. Councils in areas such as Lewisham, Southwark and Greenwich are aware of this and actively enforce compliance.
That means South East London landlords cannot afford to treat Right to Rent as an afterthought. It is central to running a lawful and profitable property business.