Written by James Nicholson, landlord and founder of The Landlord Alliance · Last updated 7 September 2026
England. Right to rent checks are an England-only duty; the rest applies across the UK, though the discrimination rules below are those introduced by the Renters’ Rights Act.

The short version

Referencing is risk assessment dressed up as administration. Four things get checked — identity and right to rent, credit history, income, and the previous landlord — and they are not equally useful. The previous landlord reference and the affordability calculation predict arrears. The credit score mostly tells you whether someone has borrowed before. Since 1 May 2026 two of the old fallbacks are gone: you cannot refuse someone for being on benefits or having children, and you cannot take more than one month’s rent in advance. That makes the guarantor the main tool left for a marginal applicant.

4Checks that make up a full reference
1 monthMaximum rent in advance you can require
£10,000Civil penalty for a first right to rent breach on an occupier
Tenancy + 1 yrHow long to keep right to rent evidence

What a full reference actually covers

CheckWhat it provesHow much it predicts arrears
Identity and right to rentThat the person is who they say they are and may legally rent in EnglandNone — but skipping it is the only one of the four that can cost you £10,000
Credit checkCCJs, bankruptcies, IVAs, and a borrowing historyModerate. A CCJ or bankruptcy is a real signal. A thin file on a 23-year-old is not.
Income and employmentThat the rent is affordable against verified incomeHigh — this is the single most useful number you will get
Previous landlordWhether they paid on time and left the place in orderHighest, and the one most often skipped because it takes a phone call
A referencing agency will run the first three from a form. The fourth is worth doing yourself.

The affordability calculation

The industry convention is that gross annual income should be at least 30 times the monthly rent — equivalent to rent being about a third of gross income. On a £1,200 a month property that means £36,000 a year.

It is a blunt instrument. It ignores existing debt, childcare, commuting and the fact that a £36,000 salary in London and in Hull are not the same thing. A better sanity check is to look at rent as a share of net monthly income: under 35% is comfortable, 35–45% is workable for a single person with no debt, and over 45% will fail the first time anything goes wrong.

Benefit income counts. Universal Credit, housing element, disability benefits and pensions are income. Since 1 May 2026 it has been unlawful in England to refuse a tenant, or apply different terms, because they receive benefits. Assess affordability on the total household income — that is a legitimate and lawful question. Refusing on the source of it is not.

What you may no longer do

PracticePosition since 1 May 2026
“No DSS”, or asking for a guarantor only from benefit claimantsUnlawful. This includes advertising, and applying stricter terms rather than an outright refusal.
Refusing tenants with childrenUnlawful.
Asking for six or twelve months’ rent up frontNot permitted. One month’s rent in advance is the maximum.
Inviting or accepting offers above the advertised rentRental bidding is banned. You must advertise a price and cannot accept more.
Charging a referencing or admin fee to the tenantProhibited since the Tenant Fees Act 2019. You pay for referencing.
Checking only applicants who “look foreign”Unlawful discrimination. Right to rent checks must be done on every adult occupier.
The rent-in-advance change matters more than it looks. Large advance payments were how marginal applicants used to get accepted; that route has closed, and the pressure has moved onto guarantors.

Guarantors, done properly

A guarantor agreement is a contract and it needs to be treated like one.

  • Reference the guarantor, not just the tenant. Income, credit and homeownership. A guarantor who cannot cover their own outgoings plus your rent is decoration.
  • Make the liability explicit. State whether it covers rent only or rent plus damage, and whether it continues after the tenancy becomes periodic — which, since May 2026, is from day one.
  • Get it signed before the tenancy starts. A guarantee signed afterwards may fail for want of consideration.
  • Joint tenants need clarity. Say whether each guarantor covers their own tenant’s share or the whole rent. Ambiguity here is why guarantees fail in court.
  • UK-based, ideally a homeowner. Enforcing against someone overseas is theoretical comfort.

Data protection

Referencing generates a lot of personal data about people you may never house. Collect only what you need to make the decision, tell applicants what you are doing with it, and delete unsuccessful applicants’ data once the decision is made rather than keeping a folder indefinitely. The exception is right to rent evidence for tenants you accept, which must be kept for the length of the tenancy and one year after.

Where referencing ends

A good reference reduces risk; it does not remove it. Circumstances change, and the possession routes available to you when they do are narrower than they were — there is no section 21, and Ground 8 now needs three months of arrears and four weeks’ notice. That makes the front end matter more than it used to, and it makes early intervention on arrears matter even more.

Tenant referencing: the checks that actually predict arrears — key facts: 4 checks that make up a full reference; 1 month maximum rent in advance you can require; £10,000 civil penalty for a first right to rent breach on an occupier…
Key facts at a glance — free to share with a link to this page.

Read next

Who pays for tenant referencing?

The landlord or agent. Charging the tenant for referencing has been a prohibited payment since the Tenant Fees Act 2019, and a charge dressed up as an “admin fee” is caught too.

Can I refuse someone with a low credit score?

Yes — there is no protected characteristic in a credit score. But be careful the policy is applied to everyone equally, and remember a thin file is not the same as a bad one.

Do I need consent to run a credit check?

Yes. You need the applicant’s explicit consent, and they are entitled to know which agency is being used and to see what came back.

Can I ask for a guarantor?

Yes, provided you apply the requirement consistently. Asking only benefit claimants or only families for a guarantor is discrimination, even if you would have accepted the same person with one.

What if the previous landlord will not respond?

Common, and not by itself a red flag. Ask the applicant for bank statements showing rent leaving the account on time, which is often better evidence than a reference letter anyway.

Do I have to reference every adult?

You must carry out a right to rent check on every occupier aged 18 or over, whether or not they are named on the agreement. Full referencing is a commercial decision, but anyone you would pursue for the rent should be referenced.

Sources. Home Office code of practice for landlords: the right to rent scheme; Immigration Act 2014; Tenant Fees Act 2019; Renters’ Rights Act 2025 (c. 26); Information Commissioner’s Office guidance on data minimisation. Checked 7 September 2026.

Related: All landlord guides · Free calculators · The Renters’ Rights Act