Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice.
Updated June 2026 · England & Wales
Picking the right tenant is one of the most consequential decisions a landlord makes. Get it right and the tenancy often runs quietly for years; get it wrong and you may face months of chasing rent, damage claims or possession proceedings.
A tenant reference form is the starting point for that decision, a simple document that pulls together the facts you need about a prospective renter before you hand over the keys. In this guide I'll walk through what a reference form should cover, how to use it fairly under UK law, and where landlords commonly trip themselves up.
Whether you let one flat or manage a small portfolio, a structured approach to referencing will save you time, money and awkward conversations down the line.
What this document is
A tenant reference form is a written questionnaire a landlord or letting agent asks a prospective tenant to complete as part of the application process. It captures the information needed to decide whether that person is likely to pay rent on time, look after the property, and stick to the terms of the tenancy agreement.
Typical sections cover personal identification, current and previous addresses, employment and income details, banking information, and contacts for a previous landlord and a character referee. Some forms also ask about pets, smoking, anticipated length of stay and whether a guarantor will be provided.
The form itself is only the first step. Its real value comes from what you do with the answers, contacting referees, checking payslips, verifying ID and running a credit search where appropriate. In England, landlords also have a legal duty to carry out Right to Rent checks before granting a tenancy, so the reference process usually sits alongside that obligation rather than replacing it. Handled properly, the form becomes a paper trail showing you made a reasonable, consistent and non-discriminatory decision.
How to use this document
Prepare a consistent form for every applicant. Use the same reference form and questions for every person who applies, regardless of background. Consistency matters both for comparing candidates fairly and for demonstrating compliance with the Equality Act 2010 if a rejected applicant ever queries your decision. Keep the questions relevant to the tenancy.
Collect identification and Right to Rent evidence. Before granting a tenancy in England, you need to confirm each adult occupier has the right to rent. Ask for original documents such as a passport or biometric residence permit, or use the Home Office online checking service. Take dated copies and store them securely for the length of the tenancy plus one year.
Verify employment and affordability. Ask for recent payslips, an employer's contact, and bank statements covering two or three months. A common affordability benchmark is that annual gross income should be roughly thirty times the monthly rent, though this is a guide rather than a rule. If income is borderline, consider asking for a guarantor.
Contact the previous landlord and character referee. Ring rather than email where possible, a two-minute conversation reveals far more than a form reply. Ask about rent punctuality, condition of the property on departure, and whether the landlord would let to the applicant again. Make a dated note of what was said and keep it on file.
Record your decision and communicate it promptly. Once references are in, make a decision based on the evidence and tell the applicant quickly. If you decline someone, keep a short written note of the objective reasons. Return any holding deposit in line with the Tenant Fees Act 2019 rules, and only retain it where the Act permits.
Q Is a tenant reference form legally required in the UK?
No, there is no statutory requirement to use a reference form. However, landlords in England must complete Right to Rent checks before letting to adult occupiers, and most insurers and mortgage lenders expect some form of tenant vetting. A reference form is the practical way to gather that information in one place and to show you reached your decision on a consistent, evidence-based footing.
Q What can I charge a tenant for referencing?
Under the Tenant Fees Act 2019, landlords and agents in England cannot charge tenants referencing or administration fees for an assured shorthold tenancy. You can take a refundable holding deposit of up to one week's rent while references are carried out, but only in the circumstances set out in the Act. Different rules apply in Wales and Scotland, so check the relevant guidance for your jurisdiction.
Q Can I refuse a tenant based on their references?
Yes, provided the reason is lawful and not discriminatory. You can decline an applicant for objective reasons such as insufficient income, poor rent history or adverse credit. You cannot refuse on grounds protected by the Equality Act 2010, including race, religion, disability, sex, age, sexual orientation or pregnancy. Keep a short written note of the genuine reason for any refusal.
Q Do I need the tenant's consent to run checks?
Yes. Credit checks, contact with previous landlords and employers, and any use of a referencing agency all involve processing personal data, so you need the applicant's informed consent and a clear privacy notice explaining what you'll do with the information. Under UK GDPR you should only collect data that is genuinely necessary for the letting decision and keep it no longer than needed.
Q What if an applicant cannot provide a previous landlord reference?
First-time renters, people returning from abroad or those leaving a family home often cannot give a landlord reference. In those cases, ask for additional evidence such as a character reference from an employer or long-standing professional contact, stronger proof of income, or a guarantor with their own references. Judge each application on the full picture rather than ruling out anyone without a prior tenancy.
Q Should I use a professional referencing agency?
Agencies can streamline credit searches, employment verification and identity checks, which is useful if you let multiple properties or want a standardised process. Fees are paid by the landlord or agent, not the tenant. For a single letting, a careful DIY approach using a well-drafted form and direct phone calls to referees can work just as well, provided you document everything.
Q How long should I keep reference information on file?
Retain referencing records for the duration of the tenancy and for a reasonable period afterwards, often one to two years, in case of deposit disputes, possession proceedings or queries from HMRC. For unsuccessful applicants, keep only what you need to justify the decision and delete the rest. Right to Rent copies must be kept for the tenancy plus one year.
Referencing decisions feel simple until something doesn't add up, a gap in employment, a vague previous landlord, or an applicant who pushes back on checks. An experienced legal adviser can talk through your specific situation on the phone and help you think through what to watch out for based on what you describe.
✓Plain-English answers to your specific questions about referencing
✓Practical perspective on your situation and what to ask next
✓Guidance tailored to what you describe about the applicant
✓Clarity on where common pitfalls arise in tenant vetting
Personal call · For information only · Independent advisers
Written & reviewed by
Brad Askew Solicitor (non-practising)
Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice. LegalDocuments.co.uk is not a law firm and does not provide regulated legal advice.
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.