Good screening protects you and the people applying. Done well, it is a consistent, documented process: the same questions, tests and paperwork for everyone. Done badly, it can break the law before a tenancy starts.
The rules in England changed on 1 May 2026, when the main tenancy reforms in the Renters' Rights Act 2025 came into force, and a new Right to Rent code of practice took effect on 1 October 2026. This checklist follows the order you would work in, from advert to move-in, with links to official guidance.
It focuses on England, with a short note on Scotland and Wales at the end. If you have not bought yet, start with how to compare areas before buying a buy-to-let. This is general information, not legal advice. If a situation is unusual, check gov.uk or speak to a solicitor or an accredited letting professional.
Before you advertise: set your criteria
Write down what you will check and how you will judge it before the first enquiry arrives. That written policy is your best evidence that you used the same questions and scoring for everyone.
Checklist
- [ ] Decide how you will assess affordability, and make sure it counts all income, including benefits, in the same way as wages.
- [ ] Decide whether you will accept a guarantor, and apply the same rule to everyone.
- [ ] Decide which references you will ask for (for example, an employer and a previous landlord).
- [ ] Prepare a privacy notice explaining what you collect, why, and how long you keep it.
- [ ] Check whether you need to pay the ICO data protection fee (see below).
A note on income multiples: there is no legal minimum. If you use one, it is your own business choice. Blanket rules, such as counting employment income only, can amount to indirect discrimination unless they are a proportionate way of achieving a legitimate aim.
The advert: what the law now requires
Since 1 May 2026, these rules apply in England:
- [ ] State one specific rent. Written adverts must show a specific rent. You cannot ask for, encourage or accept offers above it. This is the rental bidding ban.
- [ ] No "No DSS", "No benefits" or "No children" wording. It is now unlawful to discriminate against families with children or people who receive benefits. The civil penalty is up to £7,000 per breach, and both a landlord and an agent can be fined.
- [ ] Check your insurance terms. gov.uk notes that insurance terms in place before 1 May 2026 can continue until renewal. If your policy has conditions that seem to restrict who you can let to, ask your insurer how they apply after renewal.
The Equality Act 2010 also applies when you let a property. You must not discriminate against, harass or victimise anyone because of a protected characteristic, whether in the terms you offer, by refusing to let, or in how you treat applicants.
Enquiries and viewings: treat everyone the same
- [ ] Answer every enquiry and offer viewings on the same basis to everyone who meets your published criteria.
- [ ] Keep a simple log of enquiries and outcomes, so you can show consistency if asked.
- [ ] Be ready to make reasonable adjustments for disabled applicants. The Equality Act requires landlords to make reasonable adjustments to policies and terms, and to provide auxiliary aids, when asked. That might mean accepting help from a support worker or providing documents in another format. You are not required to remove or alter physical features.
The application: what you can and cannot ask
You can ask for:
- [ ] identity and contact details
- [ ] current address and address history
- [ ] employment and income details, including benefit income, treated the same as wages
- [ ] a previous landlord reference
- [ ] credit and fraud checks, carried out under legitimate interests rather than consent, with a clear privacy notice (see data protection below)
- [ ] guarantor details, if your policy requires a guarantor for everyone in the same circumstances
Do not ask about, or filter on:
- race, religion or belief, sex, sexual orientation, gender reassignment, disability, or pregnancy and maternity
- whether the applicant has children, or receives benefits, as a reason to refuse
- health or other special category information, unless it is strictly needed (for example, when an applicant asks for a reasonable adjustment)
- criminal records as a routine question. Criminal offence data needs a specific legal condition under the Data Protection Act 2018, so avoid it unless you have taken advice.
Fees and money: what you may take
The Tenant Fees Act 2019 sets strict limits in England.
- [ ] No referencing, credit check or admin fees. You cannot charge applicants for screening. Only permitted payments are allowed.
- [ ] Holding deposit: no more than one week's rent. Once you take it, you normally have 15 days to agree the tenancy, unless you both agree otherwise in writing. If the tenancy does not go ahead, it must usually be repaid within 7 days, subject to the specific retention grounds, such as giving false or misleading information or failing a Right to Rent check.
- [ ] Tenancy deposit cap: five weeks' rent where annual rent is under £50,000, or six weeks' rent where it is £50,000 or more.
- [ ] Rent in advance: no more than one month (or 28 days if rent is not monthly), and only after the tenancy is signed and before it starts. This limit came in on 1 May 2026.
Give a written receipt and terms for any holding deposit.
Affordability and references
- [ ] Assess affordability against your written policy, counting total income, including benefits. gov.uk is clear that benefit income must be counted like other income.
- [ ] Ask for references in writing, and keep the replies.
- [ ] If you ask for a guarantor, apply the same trigger to everyone, for example the same affordability shortfall.
- [ ] Record why each decision was made, in a sentence or two, against your criteria.
For setting a rent you can evidence, see how to calculate buy-to-let rental yield.
Right to Rent checks (England only)
In England, you must check that every adult who will live in the property has the right to rent. The current code of practice is the seventh version, which came into force on 1 October 2026, alongside an updated code on avoiding unlawful discrimination and a new landlord's guide.
Checklist
- [ ] Check all adults aged 18 or over who will live there as their only or main home, whether or not they are named on the tenancy. Checking only people you think are not British is unlawful.
- [ ] Choose the right method:
- original documents from the Home Office lists, checked in the holder's presence (in person or by video call)
- the Home Office online service with a share code, which is mandatory for eVisa holders. Biometric residence permits and cards are no longer accepted.
- a registered Right to Rent Digital Verification Service Provider, if you use digital ID checks on British or Irish passports
- the Landlord Checking Service, where someone has an outstanding application or cannot get a share code
- [ ] For someone with a time-limited right to rent, check no earlier than 28 days before the tenancy starts.
- [ ] Keep a copy that cannot be edited, plus the date of the check, for the tenancy and at least one year after it ends. Then destroy it securely.
- [ ] Diary a follow-up check where the right to rent is time-limited. The online service shows the follow-up date.
For each step in more detail, including List A and List B, see our Right to Rent checklist for England.
Penalties are set per occupier: up to £10,000 for a first breach involving a tenant or other occupier and up to £20,000 for a repeat within three years (£5,000 and £10,000 for lodgers). Knowingly letting to someone without the right to rent is a criminal offence.
Data protection: handle applicant data properly
- [ ] Use the right lawful basis. The ICO sets out the options. In practice, identity, income and references usually fit "contract" (steps taken at the applicant's request before a tenancy), Right to Rent fits "legal obligation", and credit or fraud checks fit "legitimate interests", with a balancing test.
- [ ] Do not rely on consent. The ICO says consent that is a precondition of a service, or given where there is an imbalance of power, is unlikely to be freely given.
- [ ] Check the ICO fee. Sole traders who use personal information must pay unless exempt. Run the ICO self-assessment. The tier 1 fee is £52 a year (£5 less by direct debit).
- [ ] Set retention periods. There is no fixed legal period for most referencing data. Keep it no longer than necessary, and write down your periods. Unsuccessful applicants' data should go sooner rather than later. Right to Rent copies follow the legal rule above.
After you choose a tenant
- [ ] Sign the tenancy before taking any rent in advance.
- [ ] Protect the deposit in a government-approved scheme and serve the prescribed information within 30 days.
- [ ] Tell unsuccessful applicants promptly, and delete their data in line with your policy.
- [ ] If the tenant asks to keep a pet, reply in writing within 28 days. Since 1 May 2026, you cannot unreasonably refuse.
A note on Scotland and Wales
Right to Rent checks apply in England only. Scotland and Wales have their own rules. In Wales, discrimination against people with children or on benefits has been unlawful since 1 June 2026 (Rent Smart Wales). Scotland has its own rules on this, so check mygov.scot for the current position. Charging applicants screening fees is banned in both nations. Deposit and rent-in-advance limits differ, so check the devolved guidance before applying this checklist outside England.
FAQ
Can I still ask for a guarantor?
Yes, if your requirement applies to everyone in the same way. gov.uk's discrimination guidance allows affordability checks, provided benefit income is counted like other income.
Can I refuse someone because they receive benefits?
Not because they receive benefits. Since 1 May 2026, that is unlawful in England. You can still assess whether the rent is affordable, counting their total income in the same way as anyone else's.
Can I charge for a credit check?
No. In England, the Tenant Fees Act 2019 bans referencing and credit check fees. Only permitted payments, such as a capped holding deposit, are allowed.
Do I need to check British citizens for Right to Rent?
Yes. In England, every adult occupier must be checked in the same way. British and Irish citizens cannot get a share code, so check their original documents or use a registered digital verification provider.
Make it consistent with a template
Using the same questions and scoring for everyone is easier with a template. The Ashlar Ledger Tenant Screening pack gives you a scorecard that applies the same test to every applicant, counts benefit income like any other income, and has no boxes for children or protected characteristics. It also includes reference request letters and an England Right to Rent checklist.
It is included in the Landlord Starter Kit bundle too, with the yield calculator and the area comparison template. View the Tenant Screening pack
For lets you already have in England, our Renters' Rights Act checklist sets out what changed on 1 May 2026, and our Renters' Rights Act deadlines tracker is coming soon.
Figures and rules checked against official sources on 10 November 2026 and reviewed on 11 November 2026. Ashlar Ledger: figures you can build on.