Renting in London

The Immigration Act 2014 requires private landlords and letting agents to check the immigration status of tenants before renting to them. The law also states that anyone without any valid immigration status must be refused a tenancy agreement.

If a landlord fails to comply with these requirements, they could be fined up to £20,000 or face a prison sentence of up to five years.

See the government’s website for the types of documents you can use to prove your right to rent in the UK.

The Home Office has also prepared this guide on ‘right to rent’ checks for tenants and landlords.

If you have a biometric residence card or permit, or have settled or pre-settled status, or have applied for a visa and used the ‘UK Immigration: ID Check’ app to scan your identity document on your phone, you can prove your right to rent online on the government’s website.

If you do not have any of these documents, your landlord can contact the Home Office online to check your right to rent for you.

The government has introduced ‘right to rent’ checks to make it difficult for people with unclear or undocumented immigration status to live in the UK. This is part of the government’s wider ‘hostile environment’ policies.

Those without any immigration status, or who cannot prove their immigration status, are prohibited from renting a property, as they are not usually considered to have a ‘right to rent’. However, some people in this situation may be able to obtain the right to rent. For example, a person seeking asylum with an outstanding application, a person with an outstanding appeal or administrative review, a person with no available evidence of the right to rent, a victim of modern slavery. Your landlord will have to check with the Home Office and confirm the right to rent for you.

There have been instances when the ‘right to rent’ policy has resulted in discrimination against ethnic minorities, migrants with permission to be in the UK, and British citizens who do not have a passport.

Discrimination based on race, including nationality, national or ethnic origin, and colour, is unlawful. Landlords must undertake “right to rent” checks equally for all prospective tenants.

Examples of discrimination include:

• refusing to rent to people without British passports
• asking for documents solely from people they think might be “foreign”
• only responding to possible tenants who “look or sound” British
• charging more rent, or increased fees, for non-British tenants to “cover the cost” of potential fines
• incorrectly claiming that you do not have a ‘right to rent’.

It is possible to make a discrimination claim for compensation in the civil courts if you have been discriminated against. You can report discriminatory behaviour to the Equality and Human Rights Commission on 0808 800 0082; they may be able to provide you with advice.

You can also seek advice from the Equality Advisory and Support Service on 0808 800 0082.

The Joint Council for the Welfare of Immigrants may be able to assist you if you feel that you have been discriminated against. You can contact them on 020 7251 8708 or [email protected].

Landlords have the power to evict tenants if the property is occupied by anyone who is disqualified from renting for not having the ‘right to rent’ in the UK. More information is available in the above section on this page titled 'What are ‘right to rent’ checks?'.

If you do not have a ‘right to rent’, and your landlord has been informed of this, the landlord must give you written notice to leave the property and give you 28 days to do so. They cannot evict you without notice.

The eviction notice is considered to have been received if it is delivered to you; left at the property; or posted to you at your address. The notice is enforceable immediately once the 28 days have passed; the landlord is not required to obtain a court order.

If you have been issued with such a notice and need help, you can contact Shelter.

It is possible that once your landlord has been informed that you do not have a ‘right to rent’, the Home Office may try to pursue enforcement action against you. This could result in a home raid.

Please see our page on Immigration Detention, Removal and Deportation for more information and advice on how to seek assistance.

Use the Rogue Landlord Checker to see if your landlord has a history of being a rogue landlord.

The following organisations may be able to offer you support or further advice:

• Shelter provides information and advice to people who are facing housing issues, including those facing homelessness or who are worried about losing their home
• London Renters Union may be able to help to those facing housing issues
• Citizens Advice provides information and advice on renting from a private landlord and your rights as a tenant.