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Tenancy & deposits

What is a right to rent check?

A right to rent check confirms that an adult occupier has the immigration status to rent residential property in England. It must be carried out before the tenancy begins.

right to rent check — diagram A right to rent check confirms that an adult occupier has the immigration status to rent residential property in England. It must be carried out before the tenancy begins. Before marketing EPC in place and itsrating shown in the advert Before occupation Right to rent checked forevery adult occupier At the start Certificates and the guideserved, and evidenced Within the deadline Deposit protected andprescribed… Months later Every step above decideswhether a notice is valid
Right to rent check, shown in the order a tenancy is set up.
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    <a href="https://propertyoptix.co.uk/glossary/right-to-rent">What is a right to rent check?</a> — diagram by
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It applies to all adult occupiers rather than only the named tenants, which is the part most often missed in shared properties and where an occupier moves in later.

There are prescribed check routes, including online checks using a share code and manual document checks. Following the route correctly is what establishes the statutory excuse; a genuine right to rent held by the occupier does not by itself protect the landlord.

Time-limited permissions create a follow-up check obligation. Missing one removes the excuse from that point, so the dates need diarising rather than remembering.

What goes wrong in practice

  • Only the lead tenant checked in a shared property.
  • Checks carried out after occupation began.
  • Copies kept without recording the date the check was made.
  • Follow-up checks missed when a time-limited permission expired.