There has been a dramatic increase in Right to Rent checks conducted by letting agents after the introduction of new, higher fines at the start of 2024. Industry bodies are reporting a staggering 577% year-on-year rise in these checks by lettings agents, driven by the significantly higher civil penalties—up to £20,000—for landlords and lettings agents failing to carry out identity checks and make sure that all adults living in a property are in the UK legally. It is mandatory for all landlords and letting agents in England to ensure that individuals without lawful immigration status do not rent in the private sector.

Penalties for landlords found to be renting to illegal tenants have risen sharply since the start of 2024. Initial breaches are now punished with fines up to £5,000 per lodger and £10,000 per occupier, with repeat offences escalating to £10,000 and £20,000 respectively. Research the fines issued for non-compliance in the first three months of 2024 are more than for the whole of 2023. Under the new checking rules, agents and landlords must conduct Right to Rent checks through either a manual in-person check, identity document validation technology (IDV), or the Home Office’s online verification tool.

What to Expect from a Right to Rent Check

Since October 2022, agents and landlords are no longer allowed to accept identity documents via email for Right to Rent checks. This means that tenants either have to bring their documents in person to the letting agency or landlord’s office, or use an accredited online portal. Your landlord is trying to establish one fact only – that you are in the UK legally. If you can show a valid UK or Irish passport, than that will be the end to the checks. If you are from another country, then the landlord will want to see any visa stamps in the passport confirming your right to live in the UK. Alternatively, you can provide them with a Home Office share code which lets them log into an official website and verify your identity and your immigration status.

Increasing Demand on the Rented Sector

Although the Right to Rent checks themselves shouldn’t take more than a few minutes, but tenants are reporting some delays in processing the identity checks before they can get into their new home. This is partly because it is not just the people who are named on the tenancy agreement who have to be checked, the rules require that everyone over the age of 18 who will be living in the property be checked.  Another driver behind the surge in Right to Rent check is the expanding rental market. According to the latest lettings market news, there was a 28% increase in people moving into a rental property from April 2023 to April 2024.

If you are thinking of moving into a rented property, be prepared to be asked to prove your identity. Get these checks done at an early stage of the application process before any subsequent checks into credit worthiness or references.