Who you have to check
Updated this week

You must check that a renter or lodger can legally rent your residential property in England. The following information is provided on the government website. We recommend you regularly check the government website directly for any changes in the right to rent guidelines to ensure you are up to date.

Before the start of a new tenancy, you must check all renters aged 18 and over, even if:

  • they’re not named on the tenancy agreement

  • there’s no tenancy agreement

  • the tenancy agreement is not in writing

Check all new renters. It’s against the law to only check people you think are not British citizens. You must not discriminate against anyone because of where they’re from.

If the renter is only allowed to stay in the UK for a limited time, you need to do the check within 28 days before the start of the tenancy.

You do not need to check renters in these types of accommodation:

  • social housing

  • a care home, hospice or hospital

  • a hostel or refuge

  • a mobile home

  • student accommodation

You also do not need to check renters if they live in accommodation that:

  • is provided by a local authority

  • is provided as part of their job (known as ‘tied accommodation’)

  • has a lease that’s 7 years or longer

Children

This Scheme does not apply to children. You do not need to check a tenant’s children, but you should satisfy yourself that they are under the age of 18, at the time the tenancy begins. You may allow those who will turn 18 years of age during a tenancy agreement to continue to occupy the property. You are not required to conduct a right to rent check at the point the child turns 18 years of age. However, where follow-up checks are required for the existing tenants, the now adult should be included in those checks when they are due.

More information can be found here.

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