Right to Rent Checks: A Step-by-Step Guide for Teesside Landlords

Every landlord in England has a legal duty to check that their tenants have the right to live in the UK before the start of a tenancy. This applies whether you own one flat in TS1 or a portfolio of houses across Teesside. Get it wrong and you face a civil penalty of up to £20,000 per tenant — or in the worst cases, criminal prosecution.

The good news is that Right to Rent checks are straightforward once you understand the process. This guide walks you through every step, with practical advice for landlords operating in Middlesbrough and the wider Teesside area.

What Is a Right to Rent Check?

Right to Rent was introduced under the Immigration Act 2014 and expanded in 2016. It requires landlords — or their agents — to verify the immigration status of every adult who will occupy a rental property as their only or main home. This applies to all new tenancies and must be completed before the tenant moves in.

The check applies to every adult occupier, not just the person who signs the tenancy agreement. If your tenant's partner or adult child will be living at the property, they need to be checked too.

Who Needs to Be Checked?

Every adult aged 18 or over who will use the property as their only or main home must be checked. This includes:

• The named tenant or tenants
• Their spouse or partner if living at the property
• Any other adult occupiers, including adult children or housemates

Lodgers in a property where the landlord also lives are included. Guests staying temporarily are not.

Step 1: Obtain Original Documents

You must see original documents — photocopies or scanned versions are not sufficient for the initial check. Acceptable documents fall into two groups.

Group 1 — A single document from this list is sufficient:

• A current or expired UK or Irish passport
• A current biometric immigration document (biometric residence permit or card)
• A current immigration status document with a photograph issued by the Home Office
• A certificate of registration or naturalisation as a British citizen

Group 2 — You need a combination of documents:

If the tenant cannot provide a Group 1 document, you need one document from Group 2a (such as a full birth certificate issued in the UK, Channel Islands, Isle of Man, or Ireland) combined with one from Group 2b (such as a letter from a government department, National Insurance number document, or letter from a UK employer).

The full list of acceptable documents is published by the Home Office and updated periodically. If you are unsure whether a document qualifies, check the latest guidance on GOV.UK or speak to your letting agent.

Step 2: Check the Documents in the Tenant's Presence

You need to check the documents with the tenant physically present — or via a live video call if conducting a remote check. You cannot simply ask a tenant to post their passport to you.

When checking, look for the following:

• Photographs — does the photo match the person standing in front of you?
• Dates of birth — are they consistent across documents?
• Expiry dates — is the document still valid?
• Tampering — does the document look genuine and unaltered?
• Names — do names match across all documents? If not, is there a reasonable explanation (marriage, deed poll)?

You do not need to be a document fraud expert. The legal standard is that you carried out a check that a reasonable person would consider satisfactory.

Step 3: Make and Keep Copies

You must make a clear copy of every document you check. For passports, copy the front cover and the page containing the photograph, nationality, date of birth, signature, expiry date, and any relevant endorsements.

For all other documents, copy the entire document.

Mark each copy with the date the check was carried out and store it securely. You must keep these copies for the duration of the tenancy and for at least one year after the tenancy ends. We recommend keeping them for at least three years as a matter of good practice.

Step 4: Record the Date

Record the exact date you carried out the check. This is critical. If you are ever challenged by the Home Office, you need to demonstrate that the check was completed before the tenant occupied the property.

When You Need a Follow-Up Check

Some documents grant a time-limited right to rent. If a tenant provides a biometric residence permit that expires in 12 months, you must carry out a follow-up check before that document expires.

Set a calendar reminder at least 28 days before the expiry date. If you fail to carry out a follow-up check on time, you lose your statutory excuse — which means you could face penalties even if the tenant does still have a legal right to be in the UK.

For tenants with an ongoing immigration application or appeal, you can use the Home Office Landlord Checking Service to verify their status.

The Home Office Online Checking Service

Since April 2022, many tenants — particularly those with biometric residence permits, biometric residence cards, or frontier worker permits — must be checked using the Home Office online service rather than by physical document inspection.

The tenant generates a share code via the GOV.UK website, which you then use to check their status online. The service is free and produces a result within minutes. You must still record the date of the check and keep a copy of the online result.

Penalties for Non-Compliance

The civil penalty for a first breach is up to £10,000 per lodger and up to £20,000 per tenant in a rented property. Repeat offences attract higher penalties. In serious cases — where a landlord knows or has reasonable cause to believe that a tenant does not have the right to rent — the offence becomes criminal, carrying up to five years in prison.

These are not theoretical risks. The Home Office conducts enforcement activity across the North East, including Teesside. We have seen landlords in the Middlesbrough area receive penalty notices for administrative failures that could easily have been avoided.

Common Mistakes We See in Teesside

Having managed hundreds of tenancies across TS1, TS3, TS5, TS7, and beyond, we see the same mistakes repeatedly:

• Checking only the named tenant and missing other adult occupiers
• Accepting photocopies instead of seeing originals
• Failing to record the date of the check
• Not setting reminders for follow-up checks on time-limited documents
• Assuming British-sounding names mean no check is required — the check must be carried out for every tenant regardless of nationality or appearance

How a Letting Agent Can Help

Right to Rent checks are one of the many compliance obligations that come with being a landlord. A professional letting agent handles these checks as standard, ensuring every document is verified correctly, copies are stored securely, and follow-up checks are diarised and completed on time.

At Ascot Knight, every tenancy we manage in Middlesbrough and across Teesside includes full Right to Rent compliance as part of our service. We carry out the checks, store the records, and handle follow-ups — giving you a complete statutory excuse without you needing to lift a finger.

Whether you need help with compliance, tenant referencing, or full property management, Ascot Knight is here to support landlords across Middlesbrough and Teesside. Get in touch today on 03301 759773 or via WhatsApp to discuss how we can take the hassle out of letting your property.