Right to Rent immigration checks, what your landlord can and cannot do

Direct answer

Since 2016, most private landlords in England have to check that all adult occupiers have the right to rent before letting the home. The check looks at your immigration status, not your race or accent. If a landlord refuses you, treats you differently, or asks for documents they should not, that may be unlawful discrimination. Call us free on 0800 030 4669 if you are also dealing with disrepair.

What the landlord can ask for

You can prove your right to rent in three main ways:

• A British or Irish passport. Includes expired ones for British citizens.
• A Home Office share code. You generate this online at gov.uk/prove-right-to-rent and give the landlord the code plus your date of birth. The landlord then checks it free on a government website.
• An Identity Document Validation Technology (IDVT) check through a certified provider.

For most people with settled status, pre-settled status, indefinite leave to remain or a visa, the share code is the simplest route.

The landlord must check the document themselves or via an approved IDVT provider, in your presence or over video call. They keep a dated copy.

What the landlord cannot do

• Refuse you because of nationality, race or accent. That is unlawful discrimination under the Equality Act 2010.
• Ask only some applicants for documents. They must apply the same check to every adult.
• Demand original documents you do not have. The share code route works for most non-British, non-Irish tenants.
• Charge you a fee for the Right to Rent check. The Tenant Fees Act 2019 bans it.
• Refuse a tenancy because your right to rent expires later. They can do a follow-up check before it runs out instead.

If you have time-limited permission to stay

The landlord must do a follow-up check before your permission expires. They cannot evict you just because the date is approaching. If your status renews on time, the tenancy continues.

If your status expires and is not renewed, the Home Office can issue the landlord a notice ending your right to rent. This is not the same as an eviction notice and does not bypass normal eviction law. See being evicted, what are my rights.

No Recourse to Public Funds (NRPF)

Having NRPF means you cannot claim most benefits, but it does not stop you from renting privately, and it does not stop you from making a disrepair claim. See I have No Recourse to Public Funds (NRPF), can you still help.

If the landlord discriminates

1. Save every message and document.
2. Note who you spoke to, when, what they said.
3. Report it to the letting agent's redress scheme (TPO or PRS).
4. Report it to your council's housing team.
5. Speak to the Equality Advisory and Support Service on 0808 800 0082.
6. Time limit for a discrimination claim in the County Court is 6 months.

What if my landlord is doing checks on me as a current tenant

Once you are in the tenancy, the landlord can do follow-up checks if your permission was time-limited at the start. They cannot redo the check just because they feel like it, and they cannot use it as a fishing expedition for an eviction.

How we can help

We do not do immigration cases. The right places to call:

• Citizens Advice 0808 223 1133
• Joint Council for the Welfare of Immigrants (JCWI) 020 7251 8708
• Migrant Help 0808 8010 503
• A local immigration solicitor (find via Law Society).

If your home is in disrepair and you have NRPF or a time-limited visa, we still help with disrepair. Immigration status does not change your right to a fit home. Call us free on 0800 030 4669.

Free call: 0800 030 4669 | Start your claim

Sources

• Immigration Act 2014 (right to rent) (legislation.gov.uk)
• Equality Act 2010 (legislation.gov.uk)