Since February 2016, landlords in England have been legally required to check that every adult aged 18 or over who will occupy a rental property has the right to rent in the UK. Failing to conduct right to rent checks — or conducting them incorrectly — can result in civil penalties of up to £20,000 per tenant for a first offence. The checks themselves are straightforward when you understand what is required. This guide covers the full process from start to finish.
Who must be checked and when
Right to rent checks apply to all adults aged 18 or over who will use the property as their only or main home — regardless of whether they are named on the tenancy agreement. This includes:
- All named adult tenants
- Any adult occupiers not named on the tenancy (for example, a partner who will be living at the property)
- Lodgers taking a room in a property you own but do not live in
Children under 18 do not require a right to rent check, even if they will be living at the property.
Checks must be completed before the tenancy begins — not during referencing as an optional step, but as a mandatory step that must be complete before the tenant is given keys and occupation begins. Conducting the check the day after occupation starts is non-compliance.
The two methods of checking
Method 1 — Manual document check
The manual check involves requesting original documents from the tenant, checking them in the tenant's presence, copying them, and keeping dated records. This method works for UK and Irish citizens (who cannot use the online service) and for tenants without a share code for the online service.
Method 2 — Online Home Office checking service
Many people — including those with EU Settlement Scheme status, BNO visa holders, and others with digital immigration status — cannot prove their right to rent through physical documents. For these tenants, the online Home Office right to rent checking service (gov.uk/view-right-to-rent) is used instead.
The process: the tenant generates a share code from their UKVI account. The landlord uses the share code and the tenant's date of birth on the GOV.UK service to view their immigration status in real time. The service confirms whether the tenant has a right to rent and, if time-limited, when it expires.
Keep a screenshot or printed copy of the result, dated on the day you checked. The online check satisfies the right to rent obligation — no additional document check is required for those using the online service.
Acceptable documents — List A and List B
| Document | Establishes | Follow-up check needed? |
|---|---|---|
| List A — Unlimited right to rent (no follow-up check required) | ||
| UK passport (current or expired) | British citizen | No |
| Irish passport or passport card | Irish citizen | No |
| Certificate of registration / naturalisation as British citizen | British citizen | No |
| UK birth or adoption certificate + proof of National Insurance | British citizen (combination) | No |
| Settled status under EU Settlement Scheme (online check) | Indefinite right to remain | No — settled status is permanent |
| List B — Time-limited right to rent (follow-up check required before expiry) | ||
| Non-UK/Irish passport with current leave to remain stamp or vignette | Time-limited leave | Yes — before visa expiry date |
| Biometric Residence Permit (BRP) | Time-limited leave | Yes — before BRP expiry date |
| Pre-settled status under EUSS (online check) | Time-limited (5 years) | Yes — before status expiry date |
| Other documents confirming time-limited leave | Varies by document | Yes — before leave expiry |
A frequent compliance error is treating the right to rent check as a reason to request more documents from non-UK nationals than from British citizens, or refusing to accept valid documents from EU or non-EU tenants. The check must be applied equally to all adult tenants, regardless of their nationality or appearance.
You cannot ask for a passport from a British citizen if they offer two other List A documents. You cannot refuse to accept a settled status share code because you prefer physical documents. Differential treatment based on nationality could constitute unlawful discrimination under the Equality Act 2010, in addition to the right to rent regulations.
Understanding immigration status categories
British and Irish citizens, those with settled status (EUSS) or indefinite leave to remain. A single check is sufficient — no follow-up required. Keep the dated copy for duration of tenancy + 1 year.
Check completed — but must be repeated before the visa or leave expires. The follow-up check must be conducted before the expiry date, not after. If tenant cannot provide evidence of continued right to rent, you must report to the Home Office.
If the check shows no right to rent, you cannot proceed with the tenancy. If an existing tenant's right to rent expires and cannot be renewed, you must report this to the Home Office and may need to seek possession. Do not continue to let without reporting.
Time-limited status — follow-up checks
When a tenant has a time-limited right to rent, you must diarise a follow-up check before the expiry date of their leave. At the follow-up check, ask the tenant to demonstrate their continued right to rent (renewed visa, updated BRP, upgraded settlement status). If they can, document the check and update your records. If they cannot demonstrate an ongoing right to rent, you must report this to the Home Office using the landlord reporting tool on GOV.UK. You are then protected from civil penalty if you let the Home Office deal with the situation.
Record keeping requirements
You must keep right to rent records for:
- The duration of the tenancy, plus
- A further 12 months after the tenancy ends
Records must include: a clear copy of each document checked (or a screenshot/printout of the online check result), the date the check was conducted (written on the copy), and evidence of any follow-up checks for time-limited tenants. Store records securely — they contain personal data and are subject to GDPR. Do not store them longer than necessary after the required retention period.
First offence: Civil penalty of up to £10,000 per adult tenant in a property let to someone without the right to rent. Since February 2024, the maximum first-offence penalty increased from £80 to £10,000.
Repeat offence: Civil penalty of up to £20,000 per adult tenant if the same landlord commits a further offence within three years of a penalty notice for a previous breach.
A "statutory excuse" — protection from civil penalty — is provided to landlords who conduct the checks correctly, keep the required records, and report to the Home Office when a tenant's right to rent expires and cannot be demonstrated. The statutory excuse requires the check to be genuine and documented — a cursory or informal check does not provide protection.
Knowingly renting to an illegal immigrant can also result in criminal prosecution and an unlimited fine or up to 5 years imprisonment.
Frequently asked questions
Do I need to check a tenant I have known for years who renews their tenancy?
If you conducted a right to rent check at the original tenancy start and kept the records, you do not need to re-check the same tenant when they renew a fixed term or when their tenancy becomes periodic — provided their right to rent was established as unlimited at the original check. However, if the original check showed a time-limited right to rent, you must conduct a follow-up check before the expiry date regardless of how long you have known the tenant. There is no personal knowledge exemption — the check must be documented.
What if a tenant refuses to provide documents?
If a prospective tenant refuses to provide documents for a right to rent check, you cannot legally let to them — you have no statutory excuse and would be at risk of a civil penalty if they later turn out not to have the right to rent. You should explain clearly that the check is a legal requirement and not at your discretion. If they genuinely cannot provide documents (because they have digital-only status), direct them to the GOV.UK online service to generate a share code. A tenant who refuses without explanation is either unable to demonstrate the right to rent or is deliberately withholding — in either case, you should not proceed.
Can a letting agent conduct right to rent checks on my behalf?
Yes — you can formally appoint a letting agent to conduct right to rent checks on your behalf. This must be in writing and the agent must agree to conduct the checks. If the agent conducts the checks but fails to do so correctly, or fails to pass the evidence to you, the civil penalty liability initially falls on the agent. However, the agreement must be explicit — simply using a letting agent to find a tenant does not automatically transfer the right to rent obligation. Confirm in writing with your agent that they will conduct, document, and retain right to rent checks for all tenants, and keep a copy of that agreement.
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