Renting in England: the Right to Rent check, the deposit cap and what a landlord may not ask
Before you can rent a home in England, the landlord is obliged to check your residence status — and you supply the share code for that. The deposit is capped at five weeks' rent and must go into a protection scheme; whoever knows that also spots straight away the landlords who aren't too particular about it.
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Written and checked by Auke on , against the sources at the bottom. Is something no longer right? Report it below and I'll fix it.
Yes, you can rent in England without a British history, and you are in a stronger position than you think. Since 1 May 2026:
- Every ordinary tenancy is a rolling contract without an end date.
- A landlord may ask for at most one month's rent in advance.
- The deposit is capped at five weeks' rent.
- Bidding above the advertised price is banned.
The trap comes beforehand. Without your share code (the digital proof of your immigration status) for the status check you don't even get to the table. And whoever doesn't know what is allowed pays fees that are banned.
How does the Right to Rent check work?
Before you rent a home in England, you have to prove your right to rent. If you're not a British or Irish citizen, you do that with a share code from your UKVI account (your account with the UK immigration service) or with your original immigration documents. The landlord may not reject you for choosing one or the other. The landlord must check all tenants aged 18 and over, including those not named on the tenancy agreement. Only checking people they think are not British is against the law, according to GOV.UK.
If you have permission to stay for a limited time, such as a Skilled Worker visa, the landlord does the check in the 28 days before the tenancy starts, and checks again later. A share code is valid for 90 days and you can get one as often as you like. Have it ready before the viewing, so the check doesn't hold you up.
Which amounts may a landlord ask for?
| Item | Maximum |
|---|---|
| Holding deposit, to reserve the home during the checks | 1 week's rent |
| Deposit, with annual rent under £50,000 | 5 weeks' rent |
| Deposit, with annual rent of £50,000 or more | 6 weeks' rent |
| Rent before signing the agreement | nothing |
| Rent between signing and the start, with monthly rent | 1 month |
| Bidding above the advertised rent | banned; fine for the landlord of up to £7,000 |
| Deposit into a protection scheme | within 30 days of receiving it |
| Deposit back at the end | within 10 days of you both agreeing the amount |
A written advert must state one rent, not a price range. After that the landlord may not encourage you to offer more, may not accept a higher bid, and may not tell you that others are bidding more.
Beyond that, almost every fee you have to pay as a condition of renting is banned. That covers arranging, continuing, changing or ending the tenancy, a reference and compulsory insurance. If you had to pay a third party for a reference check, the landlord can be made to pay that back.
What is allowed includes:
- a fee for rent that is 14 days or more late;
- a fee for a lost key or security fob, if it is in the tenancy agreement.
Where is your deposit?
Not in the landlord's account. They must put the deposit into one of the three approved schemes within 30 days: Deposit Protection Service, MyDeposits or Tenancy Deposit Scheme.
The holding deposit (the amount that reserves the home for you) doesn't have to go in. But it becomes a deposit once you're a tenant, and then it must. In a dispute the money stays in the scheme until it is resolved.
Within the same 30 days the landlord must also tell you:
- which scheme holds your deposit;
- why they might keep some of it;
- how you apply to get it back.
If you hear nothing, ask.
Pay nothing before you sign. A landlord or letting agent may not ask you to pay rent before the tenancy agreement is signed. If it happens anyway, report it to the council where the property is; the council can make the landlord repay you.
What is in your contract?
Since 1 May 2026 an ordinary tenancy is an assured periodic tenancy: a rolling contract per week or month, without an end date. If there is an end date in it anyway, it doesn't apply. You give notice of at most two months, in writing.
The rent may go up once a year, not in the first year, and only with at least two months' notice on the official form 4A. If you think the increase is above the market rent, you can go to the First-tier Tribunal, the tribunal for rent disputes.
A landlord who wants you to leave needs a legal ground, such as selling, moving in themselves or rent arrears, and must usually give two to four months' notice.
For families with an animal: you ask for permission in writing. The landlord answers within 28 days and may not refuse without a fair reason. Not liking pets usually doesn't count as a fair reason.
And then the local tax. You usually pay council tax yourself if you're 18 or over. A full bill assumes at least two adults in the home. If your contract says you pay it through the landlord, they may charge it to you.
Include it before you say yes to a monthly amount. And record the condition of the home on day one with photos.
In Vertrekklaar this is phase 5 of 5 of the journey, step 5.1: the same steps, but for your situation — in your order, tickable, and with the deadlines watched. See the whole journey to England or go straight to step 5.1 in the open plan.
What this rests on
The facts in this article come from these official pages. Rules change. When in doubt, go by the source, not this article.
- GOV.UK — prove your right to rent in England — gov.uk
- GOV.UK — assured periodic tenancies, the guide for tenants (since 1 May 2026) — gov.uk
- GOV.UK — tenancy deposit protection — gov.uk
- GOV.UK — rent in advance and the deposit, the maximums since 1 May 2026 — gov.uk
- GOV.UK — rent increases, once a year and not in the first year — gov.uk
- GOV.UK — a pet in your rented home, an answer within 28 days — gov.uk
- GOV.UK — if your landlord wants to end the tenancy — gov.uk
- GOV.UK — the Right to Rent check from the landlord's side, all adults and within 28 days — gov.uk
- GOV.UK — Council Tax, who has to pay — gov.uk
- MHCLG — Tenant Fees Act 2019 as amended by the Renters' Rights Act 2025 — gov.uk
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