Since February 2016 landlords and letting agents across the UK have been required by law to check the ‘right to rent’ of every prospective tenant over 18 years of age before they move into a property.
The main way for letting agents and landlords to do this when dealing with UK citizens is to inspect a tenant’s passport but photocopies or emailed scans are not acceptable. They should not ask for 'a copy of your passport' but instead ask to see the real thing. But they may take a copy of it themselves for their own records.
If a tenant does have the right to live and work in the UK and therefore can rent a home legally, nothing more happens. If an agent or landlord suspects they don’t have the right to rent or that their documentation is suspect, they must report it to the Home Office.
Read more about your rights as a tenant.
Landlords and agents are required by law to eyeball the documentation to confirm that a person has the right to rent in the UK. They must be happy that the person and the documentation are the same, and that documentation has not been forged or doctored.
But the ‘right to rent’ system has been criticised. It pitches the UK’s private rental market into the frontline of immigration policy and requires landlords and letting agents to be its first line of defence.
£1,000 fine
Agents and landlords must report a prospective tenant who they have ‘reasonable cause to believe’ may not have the right to rent a property to the Home Office and, if they don’t, face a potential initial fine of £1,000 per tenant.
Also, the system unintentionally discriminates against those who are UK adult citizens who don't have a passport (17% of the population) and those with foreign passports (7% of the population).
These two groups, according to campaigners, often face difficulties and discrimination when renting a home.
The documents you'll need if you're...
...a UK citizen without a passport
Without a passport, renting a home is difficult under Right to Rent rules. A driving licence by itself is not sufficient and can only be used with other documentation, such as a letter from an employer. Read the full list of the documentation options.
...a EU citizen without a valid passport
EU citizens currently have the right to live and work in the UK so, until Brexit is sorted out, they can use their home nation's passport to prove their Right to Rent. If it's expired or been lost since they arrived, it's time to apply for a new one at their country's embassy.
...a non-UK or non-EU national
If you're a foreign national who's arrived in the UK and for whatever reason has been given the right to remain on the UK then this is the list of documents that a tenant can use to prove their Right to Rent.
These are:
Registration Certificate or document certifying permanent residence (EEA/Swiss nationals).
Family member Permanent Residence card (EEA/Swiss nationals).
Non-UK passport or travel document endorsed with unlimited leave.
A Biometric Residence Permit with unlimited leave to say.
UK immigration status document endorsed with unlimited leave.
A certificate of naturalisation or registration as a British citizen.
CreditLadder can help you improve your credit score
Tenants can improve their credit score without having to borrow money. If you want to improve your credit position by reporting your rent payments, CreditLadder is the only way to improve your credit score and position across all three of the main Credit Reference Agencies in the UK, namely Experian, Equifax and TransUnion.
CreditLadder also runs a free mortgage application service which will tell you how much you could borrow.
Read our ultimate guide to renting in the UK.
CreditLadder can help you improve your credit score
If you want to improve your credit position by reporting your rent payments, CreditLadder is the only way to improve your credit score and position across all four of the main Credit Reference Agencies in the UK, namely Experian, Equifax, TransUnion and Crediva. Building up a high credit score has a lot of benefits, including helping you access finance at better rates - this can also help save you money.
CreditLadder also runs a free mortgage application service in partnership with Tembo which will tell you how much you could borrow.
Remember the information provided in this article is for information purposes only and should not be considered as advice.
