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

Every landlord in England must verify that tenants have the right to work and live in the UK before a tenancy begins. Right to Rent checks are a legal requirement that applies to every property, whether you're managing one flat in TS1 or a portfolio across Middlesbrough. Get this wrong and you face a £20,000 civil penalty per tenant — or worse, criminal prosecution in serious cases. The good news: the process is straightforward once you know what you're doing.

This guide walks you through Right to Rent checks step by step, with practical advice for landlords across Teesside.

What Is Right to Rent and Why It Matters

Right to Rent was introduced under the Immigration Act 2014 and tightened in 2016. It requires you — or a letting agent on your behalf — to check the immigration status of every adult occupying a rental property as their main home before they move in.

The penalty for non-compliance is not theoretical. Fail to carry out a check and you'll face a civil penalty of up to £20,000 per tenant. If the Home Office can show you knew — or should have known — that a tenant didn't have the right to rent, the offence becomes criminal. We've seen penalty notices issued to landlords across Middlesbrough and Teesside for administrative oversights that a few minutes of planning would have prevented.

The upside: once you understand the rules, Right to Rent compliance is straightforward. The process is the same whether your tenant is British, EU national, or from anywhere else — everyone gets checked the same way.

Who Needs to Be Checked?

Every adult aged 18 or over who will occupy the property as their only or main home must be checked. That means:

The named tenant or tenants on the agreement
Their spouse or partner if living at the property
Adult children or housemates
Lodgers (even if you live in the property too)

It does not include guests staying temporarily. A partner visiting for a month doesn't need to be checked. But if they're moving in, they do.

This is where many landlords slip up. You check the tenant who signed the agreement and miss the partner or adult child moving in later. You can't do that. Every adult occupier must be verified before they occupy the property.

The Four-Step Right to Rent Process

Step 1: Obtain Original Documents

You must see original documents. Photocopies, scanned images, and emails don't count for the initial check.

Acceptable documents fall into two categories:

Group 1 — One document from this list is sufficient:

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

Group 2 — You need a combination: If the tenant can't provide a Group 1 document, you'll need one from Group 2a (e.g., full birth certificate issued in the UK, Channel Islands, Isle of Man, or Ireland) plus one from Group 2b (e.g., a letter from a government department, National Insurance document, or letter from a UK employer).

The full list of acceptable documents is on GOV.UK. If you're unsure whether something qualifies, check the guidance or ask your letting agent.

Step 2: Check in the Tenant's Presence

You need to check documents with the tenant physically present — or via a live video call for remote checks. You can't accept documents by post or email.

When checking, look for:

Photo match — does the person in front of you match the photo?
Consistent dates of birth — do all documents agree?
Valid expiry dates — has the document expired?
Authenticity — does it look genuine and unaltered?
Name consistency — do names match across documents, or is there a reasonable explanation (marriage, deed poll)?

You're not a document forensics expert. The legal standard is that you carried out a check that a reasonable person would find satisfactory. If something looks off, ask the tenant to explain it — and if the explanation doesn't add up, don't proceed until you're confident.

Step 3: Copy and Store

Make a clear copy of every document. For passports, copy the front cover and the page with the photo, nationality, date of birth, signature, expiry date, and any endorsements. For other documents, copy both sides if needed.

Mark each copy with the date you carried out the check. Store these copies securely — they're proof of your due diligence.

You must keep copies for the duration of the tenancy plus at least one year after it ends. We recommend three years as a matter of good practice.

Step 4: Record the Date

Write down the exact date you completed the check. This is critical. If the Home Office ever challenges you, you need to prove the check happened before the tenant moved in. A lot of penalties come down to a landlord saying "I definitely did the check" and the Home Office saying "prove it." Document the date, and you've won that argument.

Special Cases: Follow-Ups and Online Checks

Time-Limited Documents

Some documents — like a biometric residence permit valid for 12 months — carry an expiry date. Before that date passes, you must carry out a follow-up check.

Set a calendar reminder at least 28 days before expiry. If you miss the deadline, you lose your statutory excuse, meaning you could face penalties even if the tenant does have the right to rent. (Setting a reminder takes two minutes; the fine takes considerably longer.)

For tenants with an ongoing immigration application or appeal, you can use the Home Office Landlord Checking Service to verify status without needing physical documents.

As a landlord managing multiple compliance obligations — gas safety certificates, fire safety regulations, rent increases — it's easy to let follow-up dates slip. Consider using an annual compliance timeline to keep all your deadlines in one place.

The Home Office Online Checking Service

Since April 2022, many tenants must be checked using an online service rather than physical documents. The tenant generates a share code via GOV.UK, you use the code to check their status online (free, takes minutes), and you record the result.

You still need to document the date and keep a copy of the online result. The process is identical in its rigor — just digital instead of paper.

Common Mistakes and How to Avoid Them

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

Checking only the named tenant. Your tenant signs the agreement alone, but their partner moves in a month later. You never checked the partner. That's a breach. Every occupier — full stop.

Accepting photocopies. A tenant sends a scanned passport. You file it and consider the check done. You haven't done a check. You need to see the original.

Not recording the date. You remember doing the check. The Home Office doesn't believe you. Write the date down.

Missing follow-up deadlines. A tenant's visa expires in March. You never set a reminder. March comes and goes. You've lost your statutory excuse.

Assuming nationality by appearance or name. A tenant sounds British and has a British-sounding surname, so you skip the check. You can't. Everyone gets checked, full stop.

Frequently Asked Questions

Q: Can I ask my tenant to bring documents to the first viewing? A: You can ask, but it's not reliable. Many tenants won't have their passport with them on viewing day. Better to confirm documents will be available before they move in, then arrange to view originals once they've been selected as tenants.

Q: What if my tenant claims they've lost their passport? A: They can apply for a replacement, or they can provide Group 2 documents (birth certificate + government letter). There's no shortcut — you can't let someone move in without the check being completed. If they can't provide acceptable documents, you can't let to them.

Q: Do I need to check a tenant who's already been living in the property for years? A: No. Right to Rent checks apply only to new tenancies — not to tenancies that existed before the check was required. However, if an existing tenant leaves and you re-let the room or property, the new tenant must be checked.

Q: I'm using a letting agent. Do I still need to do Right to Rent checks myself? A: No. A letting agent carries out the checks on your behalf, as long as they're licensed and compliant. The agent then provides you with the statutory excuse — documentation that you made a reasonable effort to check. You're then protected from penalties.

Q: What if a follow-up check fails — the tenant's visa has expired? A: If a follow-up check reveals the tenant no longer has the right to rent, you must take action. Contact the Home Office, and be prepared to serve notice to quit. Depending on circumstances, you may need to use formal eviction procedures. Speak to your letting agent or solicitor immediately.

Q: Can I carry out an online check instead of checking physical documents? A: Only if the tenant qualifies for the Home Office online service (mainly those with biometric residence permits or biometric residence cards). For most tenants, you'll need to see physical documents. Check the GOV.UK guidance to see which documents require online verification.

Q: How long do I need to keep copies of the documents? A: Legally, one year after the tenancy ends. In practice, we recommend three years. Keep them securely — they're proof of compliance.

Let Ascot Knight Handle Your Right to Rent Compliance

Right to Rent checks are one of several compliance obligations landlords face — alongside gas safety certificates, fire safety regulations, and tenancy updates like the Renters Reform Act changes. Managing all of this alone is possible, but it's also where most landlords slip up.

At Ascot Knight, Right to Rent compliance is built into every tenancy we manage across Middlesbrough and Teesside. We carry out the checks, verify documents, store the records securely, set reminders for follow-ups, and ensure you're protected from penalties. You get the statutory excuse without the admin.

If you'd like help with Right to Rent checks, broader compliance obligations, or full property management, get in touch on 03301 759773 or via WhatsApp.