If you are renting out a property in England, it’s your legal duty to check that your tenants have the right to rent. This rule has been in place since 2016 and applies to most landlords. To help landlords follow this law, the UK Government created the Landlord Checking Service. This article explains what the landlord checking service is, how it works with the right to rent checks, and what steps you should take to stay on the right side of the law.

What is the Right to Rent Rule?

The Right to Rent scheme is a legal requirement set by the UK Government as part of its immigration policy. Under this law, landlords must check the immigration status of every adult tenant before allowing them to rent a property. The aim is to prevent people who do not have legal status in the UK from renting homes.
If you do not carry out the right checks and rent to someone who is not allowed to stay in the UK, you could face a fine or even criminal charges. The penalties can be up to £3,000 for each tenant if you are found to be in breach of the rules.

What is the Landlord Checking Service?

The Landlord Checking Service is an official online tool offered by the Home Office. It allows landlords to check whether a tenant has the right to rent in cases where the tenant cannot show any documents, but claims they do have permission to live in the UK.

For example, if your tenant says their case is with the Home Office and they cannot give you proof, you can use this service to request a check. The Home Office will then confirm whether the person has the right to rent. This is sometimes called a ‘positive right to rent notice’ if the person is allowed to rent.

The service is free to use and gives you an answer within two working days in most cases. You will receive a reply via email confirming whether the person has the right to rent or not. If they do, you can go ahead and let the property. If they do not, you must not continue with the tenancy.

When Should You Use the Landlord Checking Service?

Most tenants will be able to show you their passport, biometric residence permit, or other identity documents. In these cases, landlords ask their agents like Cribs Estates, to carry out a manual right to rent check or use the Home Office online checking system.

However, there are some situations where you will need to use the Landlord Checking Service instead. This includes when:
1. The tenant has an ongoing immigration application or appeal.
2. They have no documents because their case is with the Home Office.
3. You have concerns about their status and need confirmation.
Using the service provides you with legal protection, as it shows you took the proper steps to confirm a tenant’s right to rent.

How to Use the Landlord Checking Service

To use the Landlord Checking Service, you’ll need the tenant’s full name, date of birth, and their Home Office reference number or case ID, if they have it. You will also need to confirm that the tenant has given you permission to request the check.
Once you fill out the form online, the Home Office will check their records and email you the result. It is important to keep a copy of the response for your records, as this can protect you if questions are raised in future. This service is also provided by Cribs Estates to assist the landlords who are busy focusing on their portfolios.

Digital Checks and Changes Since Brexit

Since Brexit and the introduction of digital immigration status, some tenants may be able to share their right to rent online through a share code. This applies to EU, EEA, and Swiss citizens who now have digital-only status under the EU Settlement Scheme.
In such cases, landlords can use the online checking system instead of doing a manual document check. But if a tenant cannot use the digital system and has no documents, the landlord checking service remains the best option.

How Cribs Estates Can Help Landlords

Keeping up with legal responsibilities like right to rent checks can be a challenge for busy landlords. Mistakes can lead to fines or complications with tenancies, which is why many landlords choose to work with experienced property professionals.
At Cribs Estates, we help landlords across London stay fully compliant with all legal requirements, including right to rent and document checks. Our team can carry out checks on your behalf, keep records, and use the Landlord Checking Service when needed.