Tenant referencing in England: what landlords can and can't do

What the Tenant Fees Act 2019 says about charging for referencing in England, and how it differs from Right to Rent checks.

Referencing helps you decide whether a tenancy is likely to work. This guide covers the rules in England that apply to it, and what stays your decision.

This is general information, not legal advice.

Can I charge a tenant for referencing?

No. The Tenant Fees Act 2019 lists the only payments a landlord or letting agent can require from a tenant in England (Schedule 1, "Permitted payments"). A referencing fee is not one of them, so you cannot charge the tenant for it or ask them to pay a third party to do it.

The law has been amended since 2019, including by the Renters' Rights Act 2025, so check the current version of Schedule 1 before taking any payment from a tenant.

Sources: - Tenant Fees Act 2019: guidance (GOV.UK) - Tenant Fees Act 2019, Schedule 1 (legislation.gov.uk)

Is referencing the same as a Right to Rent check?

No. A Right to Rent check is a legal requirement in England to confirm an adult occupier can lawfully rent. Referencing is your own check on things like employment and income. Doing one does not replace the other.

Source: Landlord's guide to right to rent checks (GOV.UK)

Who decides?

You do. A reference gives you information. The decision to offer a tenancy is yours.

How LetSentry helps

Tenant References is free on every LetSentry account.

• You send the applicant a secure reference form by email.
• The applicant adds their employment and income details and uploads their own documents.
• The response is saved against the property and is only visible to you.
• Documents open through private links that expire after one hour.
• LetSentry does not score tenants or make the decision for you.
• We do not sell your data, or your applicants' data, to third parties.

FAQs

Can a letting agent charge the tenant for referencing instead? No. The Tenant Fees Act applies to letting agents as well as landlords.

Does this apply in Wales or Scotland? No. This guide covers England only. Wales and Scotland have their own rules.

Do I still need a Right to Rent check if the reference is good? Yes. They are separate checks.

Sources: - https://www.gov.uk/government/collections/tenant-fees-act - https://www.legislation.gov.uk/ukpga/2019/4/schedule/1 - https://www.gov.uk/government/publications/landlords-guide-to-right-to-rent-checks

Published: 2026-11-02.

Last reviewed: 2026-10-28.

General summary; not legal advice.