Right to Rent Checks: A Practical Guide for UK Landlords | LegalDocuments.co.uk
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If you let residential property in England, you are legally required to confirm that every adult occupier has the right to rent in the UK before their tenancy begins. The rules apply whether the tenant is a British citizen, an Irish national, an EU or EEA citizen, or someone from outside Europe.
Getting these checks wrong can expose a landlord to civil penalties and, in serious cases, criminal liability. This guide walks through how the process works, which documents are typically accepted, the differences between manual checks, online checks and digital identity service provider (IDSP) checks, and the practical steps landlords should follow.
It also covers what tenants should expect when asked for proof, how follow-up checks work for time-limited permissions, and where to find the current official guidance published by the Home Office.
Overview
The Right to Rent scheme was introduced under the Immigration Act 2014 and applies to private residential tenancies in England. In simple terms, it requires a landlord (or an agent acting on their behalf) to confirm, before granting a tenancy, that each adult who will occupy the property as their only or main home has lawful immigration status allowing them to rent here.
The scheme does not apply to Scotland, Wales or Northern Ireland, although landlords in those nations have their own separate obligations. Checks must be carried out for every adult occupier aged 18 or over, not only the person named on the tenancy agreement.
The landlord must see the original documents or complete the check through an approved online route, keep dated copies or a record for the duration of the tenancy and for at least a year afterwards, and in some cases repeat the check when a person's permission to stay is due to expire. Failing to carry out a compliant check can result in penalties set by the Home Office.
Key steps
- Identify everyone who needs checking. Before a tenancy begins, list every adult aged 18 or over who will live at the property as their main home. This includes partners, adult children and lodgers, even if they are not named on the written tenancy agreement. Missing an occupier is one of the most common compliance errors.
- Ask for acceptable evidence or a share code. Request either original identity documents from the Home Office's published lists, or a share code that allows you to run an online check through the government's View a Tenant's Right to Rent service. For most non-British and non-Irish nationals, the digital route via share code is now the standard method and paper documents are no longer accepted for those groups.
- Carry out the check in the correct way. For manual checks, inspect the original documents in the person's presence (or over live video while holding the originals yourself), confirm they appear genuine and relate to the individual, and make a clear dated copy. For online checks, follow the on-screen process and save the profile page confirming the outcome.
- Record the check and keep evidence securely. Retain copies of documents or the online check confirmation for the whole tenancy and for at least 12 months after it ends. Note the date you carried out the check on the record. Store the information in line with UK GDPR, keeping it only as long as necessary and protecting it from unauthorised access.
- Diarise any follow-up check. If the occupier has time-limited permission to be in the UK, a further check must be completed before that permission expires or at a later date prescribed by the scheme, whichever is later. If you discover at that point that the person no longer has the right to rent, you must report this to the Home Office to maintain your statutory excuse.
Common questions
If you're dealing with this kind of situation, a call with an experienced legal adviser can help you work out the right next step — from £89.
Common questions
Q Does the Right to Rent scheme apply across the whole UK?
No. The scheme operates only in England. Landlords in Scotland, Wales and Northern Ireland are not required to carry out Right to Rent checks, although they still have other legal duties relating to tenancies and discrimination. If you let property in more than one part of the UK, treat each jurisdiction separately and apply the rules that belong to the country where the property is located.
Q Do I need to check British and Irish citizens the same way?
British and Irish citizens can usually prove their status with a current or expired passport, or certain other identity documents on the Home Office list. You can inspect these manually yourself, or use a certified Identity Service Provider for a digital identity check. Most non-British and non-Irish nationals, by contrast, now prove their status online using a share code rather than a physical document.
Q What happens if I rent to someone without the right to rent?
Landlords who let to a disqualified person without completing a proper check can face a civil penalty, and in more serious cases where the landlord knew or had reasonable cause to believe the person lacked status, criminal offences may apply. Penalty amounts are set by the Home Office and have been increased in recent years, so check gov.uk for current figures before relying on any specific number.
Q Can I refuse a tenant because they are not British?
No. The Right to Rent scheme does not permit landlords to prefer British applicants or avoid letting to foreign nationals. Discrimination on grounds of nationality or race is unlawful under the Equality Act 2010. You should apply the same checking process fairly to every adult occupier and rely on the outcome of the check, not on assumptions about someone's background or accent.
Q Who carries out the check if I use a letting agent?
Responsibility can be transferred to the agent, but only if this is agreed in writing between the landlord and the agent. Where that written agreement is in place, the agent takes on liability for any penalty arising from a failed check. Without a written agreement transferring responsibility, the landlord remains liable even if the agent carried out the work in practice.
Q How long should I keep the records?
You should keep copies of the documents you inspected, or the online share code confirmation, for the entire period of the tenancy and for at least one year after it comes to an end. Records should be dated and stored securely. Holding this evidence is what gives you a statutory excuse if the Home Office later questions whether a proper check took place.
Q Are lodgers and subtenants covered by the scheme?
Yes. The duty applies to anyone aged 18 or over who occupies the property as their only or main home, which includes lodgers taken in by a resident landlord and subtenants where subletting is permitted. If a tenant sublets without your knowledge, you may not be liable, but it is sensible to address subletting clearly in the tenancy agreement so your position is protected.
If you're dealing with this kind of situation, a call with an experienced legal adviser can help you work out the right next step — from £89.
Sources
This guide is based on primary UK law and official guidance.
- Guidance · UK GovHome Office: Landlord's guide to right to rent checksgov.uk
- Guidance · UK GovView a tenant's right to rent in England (online check)gov.uk
- LegislationImmigration Act 2014legislation.gov.uk
- LegislationEquality Act 2010legislation.gov.uk
Legal helpline
Unsure whether your Right to Rent check is watertight?
The documents, share codes and follow-up dates can be confusing, and a small slip can cost a landlord their statutory excuse. An experienced legal adviser can talk you through the process on the phone and give you practical perspective based on what you describe about your tenancy.
- Plain-English answers to your specific questions about the check
- Clarity on what documents or share codes you should be looking at in your situation
- A practical perspective on follow-up checks and record keeping based on what you describe
- Help to think through what to do if something on the check does not add up
Legal disclaimer
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.