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Landlords · Originally published · Updated · 2 min read

Right to rent checks in England: organise a consistent process

A practical guide to current official instructions, records and fair treatment.

Property Perpetuity editorial illustration for “Right to rent checks in England: organise a consistent process” — propertyperpetuity.com
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Right to rent is a specific checking process for relevant accommodation in England. It should be organised through current official instructions rather than a headline about historic penalties. Begin by establishing whether the requirement applies, who is responsible for carrying it out and which route is appropriate for the person being checked.

Official guidance explains who must be checked and warns against discrimination. Do not decide whether to check someone from their appearance, name or an assumption about nationality. Use a consistent process and seek appropriate advice if the scope or acceptable evidence is unclear.

Before collecting documents, identify the authorised checking route. Explain to the applicant what is needed and why, using the current government guidance. A credit reference, employer letter or general identity check should not be assumed to replace a separate statutory process.

Keep records securely and only share them through appropriate channels. Establish who in the business needs access and how the evidence of a completed check will be retained. Sensitive documents should not be circulated in casual group messages or left available to everyone using a shared property folder.

Where an agent is involved, confirm the allocation of responsibility in the appropriate agreement. Do not assume that paying for a tenant-finding package means every required check has been completed. Ask what evidence will be supplied and how any necessary follow-up is managed.

If the ordinary route does not resolve the position, use the official guidance and relevant support process rather than improvising a refusal. Record the question and advice received. An unusual document or a technical difficulty should be investigated on its facts.

Finally, review the process when official instructions or the service change. This article does not assess an individual’s immigration status or determine eligibility for housing. It offers an administrative framework for following the applicable England rules consistently, with suitable records and without substituting assumptions for the required check.

Source and further reading: https://www.gov.uk/check-tenant-right-to-rent-documents

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