Right to Rent Checks: The UK Landlord's Practical Guide | LegalDocuments.co.uk
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If you let residential property in England, Right to Rent checks are part of the job. The rules sit under the Immigration Act 2014 and place the responsibility on you, as the landlord, to confirm that anyone moving in over the age of 18 has the legal right to live in the UK before the tenancy begins.
Getting this wrong can result in significant civil penalties, and in serious cases criminal liability, so it pays to have a clear process. This guide walks through who needs checking, what documents are acceptable, how the online and manual processes work, and the follow-up checks you may need to schedule later.
I've kept it practical rather than theoretical, because in my experience most landlord errors come from cutting corners on timing or record-keeping rather than from any deep misunderstanding of the law itself.
Overview
A Right to Rent check is the verification process landlords (and letting agents acting on their behalf) must carry out in England before granting a residential tenancy. The scheme was introduced to stop properties being let to people who do not have permission to be in the UK, and it applies regardless of whether the tenancy is written or verbal, short or long, formal or informal.
Scotland, Wales and Northern Ireland operate under different rules, so this guide focuses specifically on England. The check itself has two parts: establishing that the person is who they say they are, and confirming their immigration status allows them to occupy the property.
Depending on the tenant's circumstances, you'll either use the Home Office online service (for anyone with an eVisa, biometric residence permit, or share code), carry out a manual document check in person, or engage a certified Identity Service Provider for British and Irish citizens. Whichever route you take, the process must be completed before the tenancy starts, and you must keep evidence for the duration of the let plus at least one year afterwards.
Key steps
- Identify everyone who needs checking. Before the tenancy begins, list every adult aged 18 or over who will occupy the property as their main home, whether or not they are named on the agreement. The duty covers all occupiers, not just the lead tenant, so missing a partner, adult child or lodger is a common and costly oversight. 2. Ask for acceptable evidence or a share code. Request either original documents from the approved lists (a UK or Irish passport is the simplest example) or a Home Office share code for those with digital immigration status. If the person has neither, you can request a Home Office check through the Landlord Checking Service, which usually responds within a few working days. 3. Verify the evidence properly. For manual checks, examine the originals while the person is physically or virtually present, confirm the photograph matches, check dates are valid, and look for obvious signs of tampering. For online checks, use the share code through the gov.uk service. Rushing this step is where most compliance failures occur, so take your time. 4. Record and date your check. Keep clear copies of every document or a printout of the online verification result, together with the date the check was carried out. Store this securely alongside the tenancy file and retain it for the duration of the tenancy and for at least a year after it ends, as the Home Office can request evidence during that period. 5. Diarise any follow-up checks. If a tenant has time-limited permission to be in the UK, you must repeat the check before their current permission expires or after twelve months, whichever is later. Setting a calendar reminder at the point of the initial check is the easiest way to avoid missing this, and failing to do so can expose you to penalties even if the original check was perfect.
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 Do Right to Rent checks apply in Scotland, Wales or Northern Ireland?
No. The Right to Rent scheme currently applies only to residential tenancies in England. Landlords in Scotland, Wales and Northern Ireland are not required to carry out these checks under the Immigration Act 2014, although they still have obligations around tenant identification and anti-discrimination under other legislation. If you let property across multiple UK jurisdictions, apply the English rules to English properties only.
Q What happens if I let to someone without a right to rent?
Civil penalties can be issued per occupier found without the right to rent, and the amounts have increased significantly in recent years, so check gov.uk for the current figures. Knowingly letting to someone disqualified from renting can also lead to criminal prosecution, including imprisonment. Carrying out and documenting a proper check before the tenancy begins gives you a statutory excuse against civil penalties.
Q Can I refuse to rent to someone because they're not British?
No. You must offer the same checking process to every prospective adult occupier regardless of nationality, ethnicity or perceived immigration status. Treating applicants differently based on where you assume they're from would likely breach the Equality Act 2010. The safest approach is a written policy applied uniformly to every applicant, with checks carried out at the same stage of the process for everyone.
Q Do lodgers and subtenants need Right to Rent checks?
Yes, in most cases. If you take a lodger into your own home under a licence, you are still subject to the scheme. Where you sublet, the person who grants the sub-tenancy is usually responsible for checking the subtenant, though landlords can agree in writing to take that responsibility on. Always clarify in the head tenancy who is carrying out checks on sub-occupiers.
Q How do I check someone who only has digital immigration status?
Many people, including EU citizens with settled or pre-settled status, no longer hold physical documents. In these cases the person generates a share code through their UK Visas and Immigration account and gives it to you along with their date of birth. You then enter these into the Home Office online checking service to view and save their status. Physical documents are not acceptable alternatives for this group.
Q How long do I need to keep the records?
Retain your evidence for the full duration of the tenancy and for at least one year after it ends. Records should include copies of documents or the online check result, the date the check was carried out, and any follow-up check dates. Secure digital storage is generally fine provided the copies are clear, unaltered and accessible if the Home Office requests them.
Q What if the tenant's immigration status is time-limited?
You need to schedule a follow-up check either before their current permission expires or twelve months after the original check, whichever comes later. If they still have the right to rent at that point, you simply re-document it. If they don't, you must report this to the Home Office to maintain your statutory excuse against any penalty relating to continued occupation.
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 GovGOV.UK, Landlord's guide to right to rent checksgov.uk
- Guidance · UK GovGOV.UK, Check a tenant's right to rent onlinegov.uk
- LegislationImmigration Act 2014legislation.gov.uk
- Guidance · UK GovGOV.UK, Renting Homes: Right to Rent Code of Practicegov.uk
Legal helpline
Unsure whether your Right to Rent check is watertight?
Right to Rent rules carry real financial and criminal risk if a check is mishandled, and the detail around share codes, follow-ups and joint occupiers trips up plenty of experienced landlords. An experienced legal adviser can talk through your process on the phone and give you practical perspective based on what you describe.
- Plain-English answers to your specific questions about the checking process
- Practical perspective on what to watch out for in your circumstances
- Clarity on follow-up timing and record-keeping based on what you describe
- A clearer sense of your next steps before granting the tenancy
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.