What Landlords Should Know About Right to Rent

What the Right to Rent Scheme Actually Requires

If you let a residential property in England to adults who will use it as their only or main home, you must complete a Right to Rent check before the tenancy begins. The duty sits with the landlord, although it can be shared with a letting agent who handles the paperwork on your behalf. There is no application form and no fee — it is simply a case of inspecting original documents, or using the Home Office online service, and making a dated record of what you saw.

Sheffield is a busy rental market. Two universities, a steady flow of graduates who stay on, and a large private rented sector stretching from Hillsborough across to Sharrow mean tenancies often start quickly. Much of the student lettings activity happens over the summer, when dozens of agreements are signed in a matter of weeks. Building the check into your referencing and deposit process from the outset saves a last-minute scramble in August.

It is also worth remembering that the scheme operates in England only. Wales and Scotland have their own arrangements, so if you hold property across borders, your process needs to reflect that.

Fail to check properly and you face civil penalties. At the time of writing these can reach £5,000 per occupant for a first breach, rising to £10,000 for a repeat breach, and persistent offending can tip into criminal liability. A short, consistent routine is well worth the effort.

Who Needs Checking — and Who Doesn't

You need to check every adult who will live at the property as their only or main home, whether or not they appear on the tenancy agreement. That includes a partner moving in with your named tenant, and an adult child returning from university.

Some people and situations are exempt, including:

• Anyone who is under 18 when the tenancy begins.
• Tenancies that started before 1 February 2016 in England.
• Properties that are not the occupier's main home, such as a genuine holiday let.
• Certain student accommodation arrangements, including some purpose-built provision — check the current guidance for your particular set-up.

Just as important is avoiding discrimination. Never make assumptions based on a name, an accent, a nationality or the fact that someone holds a foreign passport. Apply the same check to everyone, and if a document looks unfamiliar, seek advice rather than refusing the tenancy on the spot.

Documents You Can Accept

Acceptable documents fall broadly into two groups. The first proves an unlimited right to rent — a British or Irish passport, for example, or a UK birth certificate combined with an official document showing a permanent National Insurance number. The second shows time-limited permission, such as a visa, a biometric residence permit or an online immigration status.

Since the shift to digital immigration status, most applicants who are not British or Irish citizens will give you a share code to check through the Home Office online service. This is usually quicker than trying to verify a physical card, and it generates a dated record for you automatically.

Whichever route you use, a few practical habits keep you on the right side of the rules:

• Inspect original documents in person, or by video call where the guidance permits, with the applicant present.
• Compare the photograph, date of birth and validity dates carefully.
• Note any expiry date — you will need it later.
• Record the date the check took place and keep a copy of the relevant pages.

Keeping Records — and Keeping Them Secure

Retain your copies for the duration of the tenancy and for 12 months after it ends. That covers the check itself, the date it was carried out and any follow-up. If a dispute or a Home Office enquiry arises, your notes are the evidence that you complied.

Store everything in line with data protection rules. A locked cabinet or an encrypted folder with access limited to the people who genuinely need it is fine. Do not keep more than you need, and delete the copies once the retention period has passed. Tenants are entitled to ask how their information is held, so have a simple answer ready.

Repeat Checks When Permission Expires

If a tenant has time-limited permission, your duty does not stop at move-in. You must carry out a follow-up check when their permission expires, or during the 28 days before it does, if the tenancy is continuing.

In Sheffield's student heartlands this is easy to overlook. A visa granted for a single academic year may expire mid-tenancy, particularly where a course finishes in the summer but the agreement runs until the following January. Diarise the expiry date the moment you record it, and set a reminder a month ahead. If the tenant cannot show continuing permission, take advice promptly rather than ignoring the issue and hoping it resolves itself.

Working With a Letting Agent, and Getting the Routine Right

You can delegate the checks to a letting agent, and where they carry them out correctly, the liability transfers to them. Get that arrangement confirmed in writing, along with a record of each check, so there is no confusion later about who did what.

A workable routine looks like this: check every adult before the agreement is signed, record the date and the documents seen, diary any expiry, store the copies securely, and repeat the check when permission lapses. Build it into the same process you already use for references and deposits, and it becomes second nature — a few minutes per tenant, and considerably less stressful than a penalty notice arriving months down the line.