Referencing typically involves four main components: a credit check (revealing county court judgments, insolvency, and credit history), income and employment verification (confirming the prospective tenant earns enough to afford the rent), a current landlord reference (confirming good tenancy behaviour at a previous or current address), and a right to rent check (confirming the tenant has the legal right to rent in England). For some tenants — students, self-employed individuals, or those with limited UK credit history — a guarantor reference is also required.
The Renters' Rights Act 2025 does not change the referencing process, but the removal of Section 21 makes upfront referencing more important than ever. Under Section 21, a landlord who accepted a poorly referenced tenant could end the tenancy at the end of the fixed term. Under periodic tenancy rules from 1 May 2026, ending a tenancy requires a fault-based ground for possession — a significantly longer and more uncertain process. Thorough referencing is now more valuable as a risk mitigation tool.
Credit checks — what they show and what they don't
A credit check with a tenant referencing agency reveals the prospective tenant's financial track record:
- County Court Judgments (CCJs): CCJs appear on a credit record for 6 years. A CCJ for an unpaid debt (particularly an unpaid rent judgment) is a significant risk indicator. Landlords should ask the prospective tenant to explain any CCJs — some may relate to disputed debts; others to chronic non-payment
- Individual Voluntary Arrangements (IVAs) and bankruptcy: An IVA or bankruptcy order typically indicates serious historical financial difficulty. A discharged bankrupt's record clears after 6 years. Some landlords will not let to applicants with recent IVAs or bankruptcy — this is a commercial decision, not a legal prohibition
- Credit payment history: Referencing agencies can provide a report on the applicant's payment history for credit agreements (phone contracts, car finance, credit cards). Missed payments on multiple accounts suggest financial mismanagement
- Electoral roll registration: An applicant who is not on the electoral register at their stated address may be at that address only recently, or the address may be false. Electoral roll registration is a basic identity verification
- What credit checks do NOT show: A credit check does not show whether the applicant has previously been evicted, whether they have rent arrears with a landlord (unless the landlord obtained a CCJ), or whether they are a good neighbour. A clear credit record does not guarantee a good tenant
- GDPR and data protection: Running a credit check on a prospective tenant requires their explicit consent. The tenant must understand what data will be processed and for what purpose. Ensure your referencing process captures this consent in writing before running any check
Income and affordability verification
Verifying that the tenant can sustainably afford the rent is the most important referencing step:
- The 30x affordability rule: The most widely used benchmark is that the tenant's gross annual income should be at least 30 times the monthly rent (equivalent to 2.5 times annual rent). Some agents and landlords use 36x (3x annual rent) for higher-risk tenants or higher-value properties. This means a tenant applying for a £1,000/month flat needs gross annual income of at least £30,000 (or £36,000 at the higher threshold)
- Employed tenants — verification: Request the last 3 payslips (to confirm consistent employment and income) and an employment verification letter from the employer confirming the role, contract type (permanent vs fixed-term), salary, and start date. A P60 from the previous tax year confirms annual income
- Self-employed tenants: Self-employed income is less predictable. Request the last 2-3 years' SA302 tax calculation forms from HMRC (or the self-assessment tax return summary), the latest 3 months' business bank statements, and an accountant's letter confirming income. Tax returns reflect taxable profit, which may differ from gross business income
- Benefits income: Where the prospective tenant receives Universal Credit (including the housing element), the LHA rate for their household determines the maximum housing element. Request a UC award notice to confirm the total award and assess the shortfall between the LHA and the rent. The 30x rule should be applied to total household income (UC plus any earnings)
- Joint applications: Where two or more applicants are applying jointly, the combined gross income is used for the affordability calculation — but both applicants should individually meet a minimum income threshold (usually 15x monthly rent each) to avoid excessive reliance on one party
- Adverse income indicators: Large unexplained bank deposits, a very short employment history, recent job changes, or income significantly below the affordability threshold should be investigated further before proceeding
Previous landlord references
A landlord reference reveals how the applicant has managed their previous tenancy:
- What to ask: A landlord reference should cover: (a) duration of the tenancy; (b) whether rent was paid on time consistently; (c) the condition of the property at checkout; (d) whether there are any outstanding dilapidations or arrears; (e) whether the landlord would re-let to this tenant; (f) the reason for leaving
- Contacting the landlord directly: Rather than accepting a reference letter provided by the applicant, contact the landlord directly using contact details obtained independently (from the tenancy agreement the applicant provides, cross-checked against the property's Land Registry title). This prevents reference fraud — where the applicant substitutes a friend or family member as the 'previous landlord'
- First-time renters: Where the applicant has no previous rental history (students, young adults living with parents for the first time), a landlord reference is not possible. In this case, rely more heavily on the credit check, income verification, and (if the income threshold is not met) a guarantor
- Refusal to provide reference details: An applicant who refuses to provide the contact details of their current or previous landlord, or who provides false contact details, is a significant red flag. Investigate before proceeding
- What to do with a poor reference: A poor reference (persistent arrears, property damage) is typically grounds to decline the application. If you still wish to proceed, require a guarantor whose income meets the guarantor affordability threshold and ensure the deposit is the maximum 5 weeks
Right to rent — mandatory identity check
Every tenant must have their right to rent in England verified before the tenancy begins:
- Legal requirement: The Immigration Act 2014 requires private sector landlords in England to check that all adult occupants have the legal right to rent residential property in England. This applies to all tenancies — not just new ones. The check must be completed before the tenancy begins
- Who to check: Every adult aged 18 or over who will occupy the property as their only or main home must be checked — including joint tenants, live-in partners, and adult children. Non-occupying guarantors do not need to be checked
- How to check: The simplest route is via the government's online right to rent checking service (gov.uk) where the tenant shares a code with the landlord. The landlord enters the code to verify the tenant's immigration status. For manual document checks: British and Irish passport holders — check the original document and keep a copy. For non-UK/Irish nationals — check biometric residence permits, share codes, or appropriate visa documentation
- Unlimited right to rent: British citizens, Irish citizens, and settled status (ILR/EU settled status) holders have an unlimited right to rent — no follow-up check is required. Keep a copy of the documents and the date of check
- Time-limited right to rent: Tenants with leave to remain for a limited period (student visas, work visas) have a time-limited right to rent. A follow-up check must be carried out either 12 months after the initial check or at the expiry of the leave, whichever is later. Diarise this follow-up
- Penalty for non-compliance: Landlords who let to adults with no right to rent face a civil penalty of up to £20,000 per illegal occupant (increased for repeat breaches). A criminal offence applies where the landlord knows or has reasonable cause to believe an occupant has no right to rent and continues the tenancy
Guarantor referencing — when and how to use it
A guarantor backs the tenant's obligations where income or credit history is insufficient:
- When a guarantor is required: Guarantors are typically required where: the tenant's gross income is below the 30x affordability threshold; the tenant has a poor credit history; the tenant is a student or young adult with no credit history; or the tenant is a first-time renter. Some landlords require guarantors for all student lets
- Guarantor income threshold: The guarantor should have gross annual income of at least 36 times the monthly rent (3x annual rent) to be considered financially adequate. The higher threshold reflects the guarantor's potential to cover the full rent over a sustained period without the benefit of employer salary continuity
- Credit check the guarantor: Run the same credit check on the guarantor as on the tenant. A guarantor with multiple CCJs or a history of insolvency provides limited practical protection even if their income is sufficient
- Homeowner guarantors: A guarantor who owns their home provides better security than a guarantor who rents — there is a tangible asset against which a judgment can be enforced. Ask the guarantor to confirm their home ownership status and use Land Registry to verify
- Deed of guarantee — key terms: The guarantor's liability should be set out in a formal deed of guarantee (signed as a deed, witnessed). Key terms: (a) liability covers the full rent and any dilapidations (not just the tenant's share); (b) the guarantee continues on any periodic tenancy following the original term; (c) the landlord notifies the guarantor promptly of arrears; (d) the landlord can enforce against the guarantor without first exhausting remedies against the tenant
- Corporate guarantors: Employers and institutions occasionally provide guarantees for employees or students. Verify the organisation's financial standing and ensure the person signing the guarantee has authority to bind the company
Frequently asked questions
What is the minimum income a tenant needs to pass referencing?+
The standard benchmark is gross annual income of at least 30 times the monthly rent (equivalent to 2.5 times annual rent). For a £1,000/month property, the tenant needs at least £30,000 gross annual income. Some landlords and agents use a higher threshold of 36 times (3 times annual rent) for higher-value properties or higher-risk applicants. The threshold applies to total household income for joint applications.
Do I have to check the right to rent of all adults living in the property?+
Yes. Every adult aged 18 or over who will occupy the property as their only or main home must have their right to rent checked before the tenancy begins. This applies to joint tenants, partners, and adult children of the named tenant. The check must be completed before the tenancy starts — not after. Non-compliance carries civil penalties up to £20,000 per illegal occupant.
Can I reject an applicant because they have a CCJ?+
Yes — rejecting an applicant on the basis of a CCJ or poor credit history is not unlawful discrimination (unless the CCJ is specifically related to a protected characteristic in a way that constitutes indirect discrimination, which is very rare). As long as you apply the same referencing criteria to all applicants (without discriminating on protected characteristics such as race, disability, or gender), you can lawfully decline applicants who fail your credit or affordability criteria.
What should I do if a tenant's reference comes back adverse?+
First, consider whether the adverse information is decisive (e.g., recent CCJ for unpaid rent, consistent previous arrears) or contextual (e.g., CCJ from a dispute the applicant can explain). For decisive adverse information, the safest course is to decline the application. If you wish to proceed, require a guarantor whose income meets the 36x threshold, take the maximum 5-week deposit, and consider more frequent rental payment intervals (e.g., monthly in advance on the due date via standing order).