Pass the Keys Blog

Are Guest ID / Right-to-Rent Checks Required for Airbnb Lets in County Durham?

Written by Pass the Keys County Durham | Nov 28, 2025 7:53:31 AM

Running a short-let in County Durham comes with plenty of practical questions, but one issue that often confuses hosts is whether they must check guest ID or even carry out “right-to-rent” checks before handing over the keys. With changing regulations, longer guest stays, and platforms like Airbnb increasingly used for work contracts and temporary relocations, many hosts are unsure where the legal line actually sits.

County Durham has a growing short-let market, from Durham City to Bishop Auckland and Barnard Castle, yet the legal obligations for hosts are governed by national rules rather than local ones. Those rules can be deceptively simple: most short stays do not require formal checks — but certain types of bookings do, and hosts can face penalties if they get it wrong.

This guide breaks down exactly when ID or right-to-rent checks are required for Airbnb/short-let hosts in County Durham, how the law works, what grey areas to watch out for, and how you can stay fully compliant without creating friction for guests.

What is the Right-to-Rent Scheme?

  • The Immigration Act 2014 introduced the “Right to Rent” scheme. Under this, private landlords and agents in England must check that all adult tenants have the legal right to live in the UK before granting a tenancy.

  • A “statutory excuse” against civil penalty is obtained if the landlord carries out the prescribed checks correctly.

  • The checks involve verifying original documents (passport, visa, residence permit etc.) or using the official online checking system (for those with time-limited immigration status).

  • If the occupier’s right to rent is time-limited (visa, limited stay permit), follow-up checks are required at specified intervals.

However — the Right-to-Rent requirement applies only when a property is being let as someone’s “only or main home.”

Holiday Lets & Short-Term Lets: Are Right-to-Rent Checks Required?

For typical holiday lets or short-term lets (e.g. via Airbnb), the law treats them differently from standard residential tenancies:

  • The official guidance states that holiday accommodation is excluded from Right-to-Rent checks, provided it’s genuinely holiday accommodation — i.e. let for short, defined periods, and the occupant’s main home is elsewhere.

  • As a guide, if a booking lasts three months or more, or the let becomes open-ended (or extended repeatedly) such that the occupier might treat the property as their main home — then a Right-to-Rent check may be required.

  • Many short-lets (weeks, weekends, holiday stays) will therefore not trigger a mandatory check, assuming the guest maintains a separate main home elsewhere.

So in most traditional Airbnb/holiday-let situations in County Durham: you are not legally required to do a Right-to-Rent check.

When the Lines Blur: What to Watch Out For

Because the law hinges on “intended use” (holiday vs residential), there are grey areas. As a host, you should be alert to:

  • Longer stays or extensions — if a guest books for several months, or extends stay repeatedly, this could be interpreted as a residential occupation.

  • Lack of another main home — if your guest seems to intend to make your property their main home (no other address, long-term presence), then Right-to-Rent checks become relevant.

  • Letting agreements that resemble tenancies — e.g. contracts, repeated stays, monthly billing — may shift classification from short-let to tenancy.

  • Sub-letting or re-letting — if someone sublets a property long-term, the sub-landlord effectively acts as a landlord and must comply with checks.

If you fail to perform required checks when tenancy rules apply, you risk civil penalties under the Right-to-Rent scheme.

What Should a County Durham Airbnb / Short-Let Host Do?

Because of the potential legal risk — and because it's often hard to predict guest behaviour — many hosts adopt a “best practices” approach:

  • Record a copy of guest ID (passport or photo ID) — even if technically not required, this helps in case a stay is later treated as residential.

  • Include a clear declaration in your booking terms stating that the let is for holiday/short stay only, and not suitable as a main home.

  • Limit stay durations, or contractually restrict extensions — to help maintain holiday-let status.

  • Have a policy for declining long-term stay requests that resemble tenancies.

  • If you use a property manager or agent — ensure they understand the Right-to-Rent obligations and undertake checks if needed.

This approach helps minimise legal exposure, while still enabling legitimate short-term letting.

FAQ — Right-to-Rent + Short-Lets in County Durham

Q1: Does Right-to-Rent apply to Airbnb guest stays of a weekend or a week?
A: Generally no — short stays where guests maintain another main residence are regarded as holiday accommodation, so checks aren’t required.

Q2: What about a 2–3 month Airbnb stay?
A: That becomes a grey area. If the stay appears like a residential tenancy (i.e. main home, no other residence), you should carry out a Right-to-Rent check to be safe.

Q3: What ID do I need to see?
A: Either a valid passport / UK residence permit, or a share-code via the Home Office online service for non-British nationals. You must copy the document(s) and keep the records for the duration of the tenancy plus one year.

Q4: What are the risks if I don’t check when it’s required?
A: You could face a civil penalty and lose your “statutory excuse” — which might also affect insurance, letting records or future regulation compliance.

Q5: If I only let for holidays, do I have to check?
A: In principle, no — holiday lets where guests maintain another home don’t require Right-to-Rent checks.

Q6: Does the law apply in County Durham?
A: Yes. The Right-to-Rent scheme covers all of England, including County Durham.

Conclusion: Why Using a Professional Manager Like Pass the Keys Makes Sense

With the changing regulatory environment, and the fine line between holiday lets and residential tenancies, many hosts in County Durham are opting for professional property managers.

Pass the Keys can help you by:

  • Determining when Right-to-Rent checks are required (based on length and nature of stay)

  • Conducting ID and immigration status checks correctly

  • Maintaining compliance records securely (copies of documents, dates, follow-up checks)

  • Handling bookings and ensuring stay durations remain short-term if that’s the model

  • Advising on safety, insurance, and regulatory changes — and ensuring your let remains legally robust

In short: using Pass the Keys gives you peace of mind, reduces legal risk, and ensures your property is managed professionally — while you benefit from rental income without the admin headache.