Under the Right to Rent scheme introduced by the Immigration Act 2014, individuals seeking to rent private residential property in England are classified into two broad categories based on their immigration status:

Unlimited right to rent

Individuals in this category have a permanent legal right to reside in the UK and can rent property without any restrictions. This includes:

• British citizens
• Irish citizens 
• Individuals with Indefinite Leave to Remain or settled status under the EU Settlement Scheme

These individuals are not subject to immigration time limits and do not require follow-up checks once their initial status is verified. 

Time-Limited Right to Rent

This group includes individuals who have permission to be in the UK for a limited period and therefore have a temporary right to rent. Examples include:

• Holders of work visas, student visas, or family visas;
• Individuals with pre-settled status under the EU Settlement Scheme;
• Asylum seekers with discretionary permission to rent;
• Those with limited leave to remain

For these individuals, landlords or agents are required to conduct follow-up checks before the person's right to rent expires, typically within 12 months of the original check or before the expiration of their leave- whichever is sooner. 

To protect themselves from civil penalties, landlords and lettings agents can establish a “statutory excuse”  by demonstrating that they have complied with the prescribed right to rent check procedures. This means that, even if a tenant is later found to be disqualified from renting due to immigration status, the landlord or agent will not liable for a civil penalty if they can prove that:

• a right to rent check was conducted before the start of the tenancy;
• original documents were reviewed in the tenant's presence or verified via the Home Office online service;
• clear and dated copies of the documents were made and retained;
• follow up checks, where applicable, were completed and documented

For individuals with a time limited right to rent, failure to carry out follow up checks or take appropriate action when their right expires will void the statutory excuse, leaving the landlord or agent open to fines or prosecution.