Overview
Thorough tenant referencing reduces the risk of rent arrears, property damage, and difficult tenancies. However, referencing must comply with the Renters' Rights Act 2025 — landlords cannot refuse on discriminatory grounds or charge tenants for referencing.
The components of a thorough reference
- Credit check: Searches for County Court Judgments (CCJs), insolvency, and general credit history. Available through referencing agencies (Experian, Equifax via agencies) or direct credit reference services
- Affordability check: Verify the tenant's income — rent should typically be no more than 33–40% of gross monthly income. Request payslips (last 3 months), bank statements, or employer salary letter
- Employment verification: Request an employer reference confirming the tenant's employment status, length of service, and salary. For self-employed applicants, request 2 years of accounts or an accountant's reference
- Previous landlord reference: Contact the most recent landlord (not the current one — current landlords sometimes give false positive references to offload a problem tenant). Ask specifically about rent payment record, property condition, and whether they would let to the tenant again
- Right to Rent check: Mandatory for all private residential tenants in England — verify the tenant's right to rent in the UK before the tenancy begins
Right to Rent checks — mandatory
- Right to Rent checks are a legal requirement for all private residential tenancies in England — failure to conduct them carries a civil penalty of up to £20,000 per tenant for a first breach
- For British and Irish citizens: check and copy an original UK/Irish passport, or birth certificate plus proof of National Insurance
- For non-UK/Irish nationals: use the Home Office online checking service (share code from the tenant) — this is the only reliable method for post-Brexit EU citizens
- Repeat checks: for time-limited Right to Rent (e.g. a visa with an expiry), repeat the check before the existing permission expires
- Keep a copy of all documents checked and the date of the check — retain for at least 2 years after the tenancy ends
- Landlords cannot discriminate by only conducting checks on tenants who appear non-British — all tenants must be checked equally
Referencing agencies — when to use one
- Specialist tenant referencing agencies (HomeLet, Canopy, Vouch, OpenRent Referencing) conduct comprehensive reference packages including credit check, affordability check, employment check, and previous landlord reference
- Cost: typically £20–£40 per applicant — the landlord pays, not the tenant (Tenant Fees Act 2019 prohibits charging tenants for referencing)
- Turnaround: typically 24–72 hours for a full reference report
- Agency reports provide a 'recommended' or 'referred' outcome — a 'referred' outcome means the tenant does not meet standard criteria and may require a guarantor
- Guarantors: if the tenant cannot meet affordability criteria, request a guarantor — a creditworthy person (typically a UK homeowner earning 3× the annual rent) who agrees to cover the rent if the tenant defaults
What referencing cannot include — Renters' Rights Act restrictions
- Landlords cannot refuse a tenancy on discriminatory grounds: race, sex, pregnancy/maternity, disability, religion, sexual orientation, or age (protected characteristics under the Equality Act 2010)
- Landlords cannot refuse on the basis that the prospective tenant receives benefits — a blanket 'no DSS' policy is unlawful discrimination on grounds of sex (and potentially disability)
- The Renters' Rights Act 2025 restricts the use of rent guarantees from a family member or employer as a condition of granting a tenancy where the tenant passes standard affordability checks
- Referencing must be conducted within Data Protection principles — the applicant must be made aware that their data is being processed and by whom
- A failed reference is not necessarily a reason to refuse — consider whether a guarantor or higher deposit would adequately mitigate the risk (subject to the 5-week deposit cap)