Tenant Verification in the Age of the Renters’ Rights Act

Summary: The Renters’ Rights Act 2025 significantly limits landlords’ ability to evict tenants through Section 21 “no-fault” notices, making thorough tenant verification more crucial than ever. From 1 May 2026, landlords must rely on specific grounds under Section 8, requiring strong evidence and court proceedings, which can be costly and time-consuming.

Introduction: The Changing Landscape of Tenant Eviction

The Renters’ Rights Act 2025 (RRA) marks a fundamental shift in England’s private rented sector by abolishing Section 21 “no-fault” evictions. This change means landlords will face greater challenges when seeking possession of their properties, as eviction will now depend on proving specific grounds under a modified Section 8 process. The new regime commences on 1 May 2026, with investigatory powers for local authorities already in effect from 27 December 2025.

The Importance of Rigorous Tenant Screening

Given the increased difficulty and expense involved in evicting tenants under the RRA, landlords must prioritise selecting reliable tenants from the outset. Prevention is now the most effective form of protection. Thorough tenant verification reduces the risk of problematic tenancies that could lead to lengthy and costly possession proceedings.

Tom Entwistle of LandlordZONE highlights that approximately 95% of tenants are good, but it is the remaining 5% that landlords must strive to avoid. This requires a disciplined, documented screening process that complies with anti-discrimination laws and data protection regulations.

Legal Framework and Discrimination Considerations

The government’s guidance on the Renters’ Rights Act emphasises that it is illegal for landlords and agents to discriminate against prospective tenants on the basis of receiving benefits or having children. However, landlords may lawfully assess affordability and suitability of accommodation. For example, a small flat may not be suitable for a family or a tenant with specific accessibility needs.

Practical Steps for Tenant Verification

Initial Contact and Pre-Screening

Verification begins with the initial enquiry, often via phone or in person. Landlords should use a consistent set of pre-qualification questions to ensure fairness and to record responses. Observing behavioural cues such as punctuality, politeness, and consistency of information is important. A basic online search or social media check can sometimes reveal discrepancies, but care must be taken to avoid discriminatory judgements.

Viewing and Interview

During property viewings, landlords should assess the tenant’s demeanour and reliability. It is advisable to conduct a formal interview using prepared questions to verify information and gauge suitability. Prompt decision-making is key, as tenants who delay their response often lose interest.

Application and Formal Checks

Prospective tenants should complete a detailed application form covering personal details, employment, income, and references. Consent must be obtained to carry out credit and referencing checks in compliance with the General Data Protection Regulation (GDPR) and the Data Protection Act 2018.

Identity and Right to Rent checks are mandatory for all adult occupants. Acceptable documents include passports, biometric residence permits, or Home Office share codes. Since 2024, many of these checks can be completed digitally through certified Identity Service Providers (IDSPs), with records retained for at least one year after tenancy ends.

Financial Assessment

Requesting recent bank statements (typically three months) helps assess a tenant’s financial stability and affordability. Credit reference agencies such as Experian, Equifax, and Call Credit provide comprehensive reports including credit history, County Court Judgments (CCJs), and risk scores. A common affordability benchmark is that rent should not exceed 35% of gross monthly income, although this may vary by location.

If affordability is uncertain, landlords may require a guarantor who is financially reliable, UK-based, and willing to enter a binding agreement. Guarantors should also undergo credit checks.

Employment and Landlord References

Verification of employment status and income is essential. For employed tenants, confirmation of position, salary, and contract type should be sought. Self-employed tenants should provide recent SA302 tax calculations or an accountant’s letter. Tenants on benefits must supply official income evidence such as a Universal Credit statement.

Previous landlord references should be obtained in writing using a standardised form and verified by telephone. Questions should focus on factual information such as rent payment history and property care. Beware of fraudulent references; verify referees’ identities and property ownership through tenancy agreements or Land Registry records.

Maintaining Compliance and Fairness

Landlords should develop a written tenant selection policy outlining all verification steps to ensure consistency and legal compliance. This policy helps defend against discrimination claims under the Equality Act 2010 and reassures applicants of a fair process.

Decisions must be evidence-based and proportionate, avoiding bias related to nationality, race, disability, or family status. Right to Rent checks must be applied uniformly to all adult applicants.

Post-Approval Requirements

Once a tenant is approved, landlords must protect the deposit in a government-approved scheme within 30 days and provide the prescribed information. The Tenant Fees Act 2019 prohibits most letting fees and caps deposits for new or renewed tenancies.

A detailed inventory and condition report, ideally prepared by a professional inventory company, should be completed with dated photographs to support any future disputes. The tenancy agreement must clearly state rent payment dates, inspection rights, and tenant obligations. Existing agreements remain valid, but landlords must provide tenants with the government’s information sheet by 31 May 2026.

Meeting tenants at the property at the start of the tenancy to review paperwork, inventory, and house rules helps prevent misunderstandings and fosters good communication.

Conclusion: Professionalism is Essential

The Renters’ Rights Act 2025 heralds the end of casual letting. Landlords must adopt a professional, evidence-based approach to tenant selection and management. Rigorous verification protects landlords from financial loss and supports stable tenancies, benefiting both landlords and tenants alike. In this new era, due diligence is not optional but essential for survival.

Image credit: Alex Green

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Meta Description: Discover why thorough tenant verification is vital under the Renters’ Rights Act 2025. Learn practical steps landlords can take to select reliable tenants and avoid costly evictions.

Keywords: Renters’ Rights Act, tenant verification, Section 21 eviction, Section 8 grounds, landlord tenant screening, Right to Rent checks, tenant referencing, deposit protection, tenant selection policy, private rented sector compliance