| 3rd Sep 2024 | 3Min. To Read
For many students leaving home and starting university or college is their first time away from home, and their first time dealing with landlords and the laws around renting property. Understanding their rights and responsibilities as a tenant is paramount. One of the first things many students will come up against is the Right to Rent check, which is a legal requirement to run identity checks on all tenants, irrespective of their employment status. Right to Rent checks aren’t complicated and should just be another administrative hurdle to cross.
Right to Rent checks have been a requirement in England since February 2016 and are part of the government’s strategy to combat illegal immigration by making it difficult for people in the UK illegally to be able to rent property. Private landlords and letting agents must carry out nationality and immigration checks on their tenants, and if they don’t, they face a potential £3,000 penalty. The Right to Rent applies to everyone who is in the UK legally. This includes people with British or Irish citizenship, who have indefinite leave to remain, refugee status, or permission under a valid visa.
Students who will be living in university halls of residence, or similarly privately-owned halls do not have to go through Right to Rent checks. The checks only apply to students over the age of 18 who are renting a room or flat through the private sector.
Landlords and letting agents can perform right to rent checks manually by inspecting original documents or by using the Home Office online checking service. Checks can be conducted 28 days before the tenancy begins, and checks can be carried out on students who have not yet arrived in the UK. Student visas are generally for a set period of time, long enough for a student to complete their course. This means that landlords will have to check the status of students regularly to make sure nothing has changed. Annual checks are usually advised in this market.
For British and Irish citizens, a passport is sufficient as proof of their right to be in the UK legally. People from other countries can provide alternative documents, including immigration visas, certificates of registration, or naturalization. The Home Office online checking service is available for students born outside of the UK and Ireland, including those from the EU on the settlement scheme, and students from all other parts of the world. Students will need to log into their Home Office visa portal, and then provide a share code to the landlord to allow them to log in and check too.
International students may also be asked to show documents from the university or college to confirm their place and course dates. Most higher education institutions will have an overseas student team, or accommodation office, with staff who can offer advice on the process and help with which documents to provide.