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)