A Complete Guide to Right to Rent Checks

At McGowan Residential Lettings Ltd, we understand that compliance is a crucial part of delivering a professional and trustworthy lettings service. One of the most important legal responsibilities for landlords and letting agents in England is conducting Right to Rent checks.

This detailed guide explains the entire process from start to finish, helping landlords and tenants understand what's required and how we ensure full compliance at every stage.

What Are Right to Rent Checks?

Right to Rent checks were introduced under the Immigration Act 2014 and require landlords and letting agents to confirm that all adult tenants have the legal right to live in the UK before renting out a property.

At McGowan Residential Lettings Ltd, we carry out these checks on behalf of our landlords to ensure:

• Full legal compliance
• Protection against penalties
• A smooth and secure tenancy process

Failure to comply can result in fines of up to £3,000 per tenant, and in serious cases, criminal prosecution.

Who Needs a Right to Rent Check?

We are legally required to check:

• All individuals aged 18 or over
• Every person who will occupy the property as their main residence
• This includes tenants not named on the tenancy agreement

To remain compliant with equality legislation, we apply these checks consistently to all applicants, regardless of nationality.

When Are Checks Carried Out?

At McGowan Residential Lettings Ltd, Right to Rent checks are completed:

• Before the tenancy agreement is finalised
• Before any tenant is permitted to move into the property

This ensures that landlords are protected from the outset.

Our Step-by-Step Right to Rent Process

Step 1: Document Collection or Online Verification

We begin by confirming how the tenant's right to rent will be verified.

Manual Document Checks
Some tenants will provide original documents, such as:

• A valid UK or Irish passport
• A Biometric Residence Permit
• Immigration status documents

Online Checks (Home Office System)
Where applicable, we use the Home Office online service. The tenant provides a secure share code, allowing us to:

• Access their immigration status
• Confirm their eligibility to rent in real time

Step 2: Careful Verification

Our team carefully reviews all documentation to ensure:

• Documents are genuine and unaltered
• Photographs match the individual
• Dates of birth are consistent
• Any time-limited permissions are valid and in date

Checks are carried out either in person or via a secure live video process, in line with current guidance.

Step 3: Record Keeping

To protect our landlords, we maintain clear and compliant records:

• Copies of all documents reviewed
• Confirmation of online checks where applicable
• Secure digital storage of records

Step 4: Dating the Check

We record the exact date each check is completed. This is essential, as it provides a statutory excuse against penalties should any issues arise in the future.

Step 5: Ongoing Monitoring and Follow-Ups

Where a tenant has time-limited permission to remain in the UK, we:

• Schedule and conduct follow-up checks before expiry
• Notify the Home Office if a tenant no longer has the right to rent

This ensures continued compliance throughout the tenancy.

Types of Right to Rent Status

Unlimited Right to Rent
No follow-up checks required. This typically applies to:

• British and Irish citizens
• Individuals with indefinite leave to remain

Time-Limited Right to Rent
Follow-up checks are required. This applies to:

• Visa holders
• Individuals with temporary immigration permission

What Happens If a Tenant Cannot Prove Their Right to Rent?

If a prospective tenant cannot provide valid documentation:

• We are legally unable to proceed with the tenancy

If an existing tenant loses their right to rent:

• We follow Home Office reporting procedures
• We advise landlords on the appropriate next steps

Our Commitment to Fairness and Compliance

At McGowan Residential Lettings Ltd, we are committed to:

• Treating all applicants fairly and without discrimination
• Applying consistent procedures to every tenancy
• Staying fully up to date with evolving legislation

We understand that Right to Rent checks must be handled with professionalism, sensitivity, and accuracy.

Why Choose McGowan Residential Lettings Ltd?

By working with us, landlords benefit from:

• Expert handling of legal compliance
• Reduced risk of fines and penalties
• Fully documented and auditable processes
• Peace of mind throughout the tenancy lifecycle

Final Thoughts

Right to Rent checks are a vital part of the lettings process, and getting them right is essential. At McGowan Residential Lettings Ltd, we take care of every detail — from initial verification to ongoing compliance — so our landlords don't have to.

If you would like further advice or support with lettings compliance, please don't hesitate to contact our team.

McGowan Residential Lettings Ltd – 0161 797 6967
Professional, compliant, and reliable lettings services you can trust.