Expat
TL;DR
Renting in the UK as an expat or new arrival requires passing a Right to Rent check, which verifies you have the legal right to live in England. Landlords must check this before offering a tenancy. Standard tenant protections apply to all renters regardless of nationality: deposits capped at five weeks rent, government-approved deposit protection, and minimum notice periods before eviction.
The UK private rental market in 2026 is subject to a significant body of housing law and regulation protecting tenants' rights, and these protections apply equally to non-UK nationals and new arrivals as to long-term UK residents. Understanding your rights as a tenant - alongside the specific requirements that apply because of your immigration status - is important before signing a tenancy agreement in England, Scotland, or Wales.
This guide covers the Right to Rent scheme (England only), tenancy deposit protection rules, the referencing process for new arrivals without a UK credit history, the use of guarantors, and the rules on rent increases and eviction. Scotland and Wales have separate and distinct tenancy frameworks; where rules differ significantly, this is noted.
Key facts (2026)
- Right to Rent checks are mandatory for all private landlords in England for all tenants, including British and Irish citizens (Immigration Act 2014, as amended).
- Tenancy deposits in England are capped at five weeks rent for annual rent below £50,000 and six weeks for higher rents (Tenant Fees Act 2019).
- All tenancy deposits in England and Wales must be protected in a government-approved scheme within 30 days of receipt (Housing Act 2004).
- Landlords in England must give at least two months notice before ending an assured shorthold tenancy using a Section 21 notice (Renters' Rights Act 2025, where in force).
- Referencing agencies typically assess UK credit history, income verification (usually 2.5x to 3x annual rent), and previous landlord references; new arrivals may need a guarantor or larger upfront payment where credit history is unavailable.
Right to Rent checks explained
The Right to Rent scheme, introduced under the Immigration Act 2014 and applicable in England only (Scotland and Wales have no equivalent), requires private landlords and agents to check that all adult tenants have the legal right to rent property in England before granting a tenancy. This applies to all tenants regardless of nationality, including British and Irish citizens. Landlords face civil penalties of up to £3,000 per tenant for failing to conduct checks, and criminal penalties if they knowingly rent to someone without the right to rent. Tenants can demonstrate their right to rent using a biometric residence permit, valid passport, share code via the Home Office online service, or Euss (EU Settlement Scheme) digital status confirmation.
Referencing as a new arrival with no UK credit history
Most landlords and letting agents use referencing agencies to vet potential tenants. Standard UK referencing checks credit history from Experian, Equifax, or TransUnion; verifies income against the rent multiple (typically the annual rent must be no more than 40% of gross annual income); and contacts previous landlords. New arrivals from outside the UK have no UK credit file, which typically results in a failed credit check even if they are financially responsible. This is one of the main practical barriers to renting for expats. Solutions include providing a UK-based guarantor, offering several months rent in advance (though note that taking more than two months advance rent in a single payment is prohibited under the Tenant Fees Act 2019 for new tenancies in England), or using a specialist referencing service that accepts international credit reports or employer letters in lieu of UK credit data.
Tenancy deposit rules and protection
In England, tenancy deposits are capped at five weeks rent where the annual rent is below £50,000, and six weeks rent for higher rents. The deposit must be placed in one of three government-approved deposit protection schemes within 30 days: Deposit Protection Service (DPS), MyDeposits, or Tenancy Deposit Scheme (TDS). Your landlord must give you a prescribed information document confirming where your deposit is held and how to retrieve it. At the end of the tenancy, deductions from the deposit must be itemised and any disputed deductions can be referred to the scheme's free adjudication service rather than court. Failing to protect the deposit entitles you to claim between one and three times the deposit amount from the landlord.
Rent increases and notice periods
For assured shorthold tenancies in England, landlords can only increase rent in line with the terms of the tenancy agreement or, for periodic tenancies, by serving a Section 13 notice giving at least one month's notice for monthly tenancies. From the Renters' Rights Act 2025, where enacted, rent increases are limited to once per year and tenants can challenge proposed increases at the First-tier Tribunal. All tenants regardless of nationality have the same rights in this respect. Eviction requires the landlord to follow the legal process; a landlord cannot evict you without going to court, changing locks, or removing your belongings without a court order.
Scotland and Wales: different frameworks
Scotland has its own tenancy framework under the Private Housing (Tenancies) (Scotland) Act 2016, which abolished the use of fixed-term assured shorthold tenancies. Private residential tenancies (PRTs) in Scotland are open-ended; landlords can only end them using specified grounds under the Act. There is no Right to Rent requirement in Scotland. Wales has separate tenancy legislation under the Renting Homes (Wales) Act 2016, which reformed how tenancies work for Welsh tenants. Deposit protection rules are comparable to England but with specific Welsh procedural requirements. New arrivals renting in Scotland or Wales should check the relevant government guidance for their jurisdiction.
Related guides
Frequently asked questions
Does my landlord have to do a Right to Rent check on me if I am British?
Yes. In England, landlords must check the right to rent of all adult tenants regardless of nationality or apparent citizenship. British and Irish citizens can demonstrate their right to rent using a valid passport or other documents listed on the Home Office statutory code of practice. This is not discriminatory; it is a legal requirement that applies to everyone.
Can I rent in the UK if I have a visa with a time limit?
Yes. Having a time-limited visa does not prevent you from renting. Your right to rent is established for the period of your visa's validity. The landlord must perform a follow-up check when your visa is due to expire. If your visa is extended, provide evidence to your landlord to update the check. Failure to provide updated documentation may give the landlord grounds to end the tenancy.
What is the maximum deposit a landlord can charge?
In England, the maximum is five weeks rent where annual rent is below £50,000 (six weeks for higher rents). The Tenant Fees Act 2019 prohibits landlords from charging fees beyond the permitted payments: rent, deposit within the cap, holding deposit (maximum one week's rent), and certain other specified charges. Any charge above these is a prohibited payment and can be reclaimed.
My referencing check failed because I have no UK credit history. What can I do?
Options include: providing a UK-based guarantor (a person with a UK address and credit history who agrees to cover rent if you cannot); offering an international credit report from your country of origin translated into English; providing an employer's letter confirming your salary; or looking for landlords who advertise willingness to rent to new arrivals. Some specialist letting agents focus on international tenants and have established processes for non-standard referencing.
Can a landlord evict me because I am a foreign national?
No. Nationality is not a lawful ground for eviction in the UK. Landlords who discriminate on grounds of nationality in letting or eviction decisions may breach the Equality Act 2010. Eviction in England requires a court order; changing locks or removing belongings without one is illegal regardless of the tenant's nationality. If you believe you are being discriminated against, contact Citizens Advice or the Equality Advisory and Support Service.
How we verified this guide
All rules were verified against the Immigration Act 2014, Tenant Fees Act 2019, Housing Act 2004 (deposit protection), Equality Act 2010, and gov.uk Right to Rent guidance during May 2026. Renters' Rights Act 2025 provisions referenced are those in force or enacted as of May 2026; check gov.uk for latest commencement status. We do not accept payment from landlords or letting agencies.
Primary sources
- Gov.uk - Right to Rent checks for landlords and tenants
- Tenant Fees Act 2019 - legislation.gov.uk
- Gov.uk - Tenancy deposit protection schemes
- Citizens Advice - Private renting rights
Last reviewed: May 2026.