Right to Rent.

Understanding the Governments 'Right to 'rent' rules.

Landlords, homeowners and letting agents in England must check that adult tenants and lodgers have the legal right to rent residential accommodation before they move in.

The Right to Rent Scheme was introduced under the Immigration Act 2014. It does not currently apply in Wales, Scotland or Northern Ireland.

The rules can apply to:

• private residential landlords;


• people taking in lodgers;


• tenants who sublet accommodation;


• letting agents who have accepted responsibility for the checks; and


• companies providing residential accommodation.

A landlord who carries out the prescribed check correctly and keeps the required evidence may establish a statutory excuse against a civil penalty if an occupier is later found not to have the right to rent.

Who Must Be Checked?

Before a new tenancy begins, the landlord must normally check every adult aged 18 or over who will use the property as their only or main home.

This includes adults who:

• are named in the tenancy agreement;


• are not named in the agreement;


• will pay no rent personally;


• are family members of the named tenant;


• are lodgers; or


• will occupy under an oral rather than written agreement.

The landlord should make reasonable enquiries about who will be living at the property.

Children under 18 do not require a Right to Rent check, although the landlord should be satisfied that they are under 18.

Check Every Prospective Adult Tenant

Checks must be applied consistently to all prospective adult occupiers.

A landlord must not check only people who:

• appear to be foreign nationals;


• have a foreign name or accent;


• were born outside the UK;


• do not have a British passport; or


• belong to a particular racial or national group.

British and Irish citizens must also prove their Right to Rent.

Applying a consistent procedure to every adult applicant helps the landlord comply with both immigration and equality law.

When Must the Check Be Completed?

The initial check must normally be completed before the tenancy or occupation begins.

Where a prospective tenant has only a time-limited right to remain in the UK, the check must normally be carried out during the 28 days before the start of the tenancy.

The landlord should not allow the occupier to move in before the required check has been completed.

How to Carry Out a Right to Rent Check

A landlord can normally use one of the following methods:

• a Home Office online check using the tenant's share code;


• a manual check of acceptable original documents;


• a registered Digital Verification Service for qualifying British or Irish identity documents; or


• the Home Office Landlord Checking Service, where the tenant cannot provide the ordinary evidence.

The correct method depends on thetenant'ss nationality, immigration status and the evidence available.

Online Checks Using a Share Code

Many people with an immigration status recorded electronically must prove their Right to Rent using the Home Office online service.

This may include people who have:

• an eVisa;


• settled or pre-settled status;


• a biometric residence permit or card;


• a visa obtained through the UK Immigration: ID Check application; or


• another qualifying digital immigration status.

The tenant provides the landlord with:

• a Right to Rent share code; and


• their date of birth.

The landlord must access the official Home Office service and check that:

• the photograph matches the tenant;


• the person has permission to rent;


• the details relate to the intended occupier;


• any restrictions are understood; and


• the check is completed before occupation begins.

The landlord must save or print the tenant's profile page, record the date of the check and retain it for the required period.

A screenshot supplied by the tenant is not a substitute for the landlord conducting the online check personally.

Biometric Residence Permits

A physical biometric residence permit or biometric residence card cannot normally be accepted as evidence through a manual document check.

A holder of one of these documents should generally provide a share code so that the landlord can check their status online.

Manual Document Checks

A manual check may be used where the prospective tenant provides documents included in the Home Office's current lists of acceptable evidence.

British and Irish citizens may commonly use:

• a current or expired British passport;


• a current or expired Irish passport or passport card;


• a certificate of registration or naturalisation as a British citizen; or


• an approved combination of other documents.

The landlord must:

• see the original documents;


• check them while the holder is present;


• confirm that the photographs resemble the holder;


• check that dates of birth are consistent;


• look for obvious alterations or damage;


• check supporting evidence where names differ;


• copy the relevant pages or sides;


• record the date of the check; and


• retain the copies securely.

The landlord is not expected to be a trained forgery expert. The documents must, however, appear reasonably genuine and relate to the person presenting them.

Documents should be checked against the Home Office's current list rather than relying on an old printed guide.

Digital Verification Services

A registered Digital Verification Service may be used for qualifying British and Irish citizens who hold appropriate identity documents.

The landlord remains responsible for:

• using a registered provider;


• checking that the photograph and identity match the occupier;


• keeping evidence of the result;


• recording the date; and


• ensuring that the check was completed before the tenancy began.

Using a third-party provider does not remove every responsibility from the landlord or agent.

The Landlord Checking Service

The Home Office Landlord Checking Service should be used where a prospective tenant cannot provide acceptable documents or a valid share code but may still have permission to rent.

This may occur where:

• the Home Office is holding the person's documents;


• an immigration application is outstanding;


• an appeal or administrative review is pending;


• the person has permission to rent from the Home Office;


• technical problems prevent an online check; or


• the person has another qualifying immigration position.

The landlord will normally require the prospective tenant's Home Office reference number.

A positive response from the Home Office can provide a time-limited statutory excuse. The result should be retained with the landlord's records.

Follow-Up Checks

A person with an unlimited Right to Rent does not normally require another check during the tenancy.

Where the tenant has a time-limited Right to Rent, the landlord must complete a follow-up check at the appropriate time.

This is generally before the later of:

• the date the tenant’s immigration permission expires; or


• 12 months after the previous positive Home Office check.

The precise deadline depends on how the original Right to Rent was established.

The landlord should maintain a reminder system so that follow-up checks are not missed.

If the Tenant's Right to Rent Has Expired

A landlord should not simply change the locks or remove the tenant.

If a follow-up check shows that an existing occupier no longer has the Right to Rent, the landlord should follow the Home Office reporting requirements and obtain legal advice about the correct possession procedure.

Immigration status does not remove the tenant's protection from unlawful eviction or harassment.

Keeping Records

Evidence of the check should normally be retained:

• throughout the tenancy; and


• for at least one year after the tenancy ends.

Records may include:

• copies of checked documents;


• the saved online profile page;


• Digital Verification Service results;


• Home Office Landlord Checking Service responses;


• the date of each check;


• follow-up check reminders; and


• evidence showing who completed the check.

Personal information must be kept securely and handled in accordance with data protection law.

Letting Agents

A landlord and letting agent can agree in writing that the agent will carry out the Right to Rent checks.

The agreement should clearly state:

• that the agent accepts responsibility for the checks;


• which occupiers will be checked;


• who will carry out follow-up checks;


• who will retain the records; and


• how the landlord will be informed of any problem.

Without a clear written transfer of responsibility, the landlord may remain liable.

Subletting and Lodgers

A tenant who sublets accommodation may become responsible for Right to Rent checks on the subtenant.

A homeowner taking in an adult lodger must also normally carry out a check.

The parties should establish in writing who is responsible where a tenancy permits subletting or additional occupiers.

Accommodation Excluded From the Scheme

Some accommodation is excluded or subject to different arrangements.

Examples may include:

• social housing where the required checks are completed through the allocation process;


• care homes, hospices and hospitals;


• hostels and refuges;


• some student accommodation;


• mobile homes;


• accommodation provided by a local authority;


• certain tied accommodation provided through employment; and


• leases granted for seven years or more without a break clause below that period.

The detailed conditions should be checked before assuming that an exemption applies.

Civil Penalties

A landlord or agent who allows a disqualified adult to occupy residential property without establishing a statutory excuse can face a substantial civil penalty.

As of July 2026, the maximum penalties are:

• up to £5,000 for a lodger on a first breach;


• up to £10,000 for a tenant on a first breach;


• up to £10,000 for a lodger on a repeat breach; and


• up to £20,000 for a tenant on a repeat breach.

A reduced amount may be available for prompt payment of certain first-breach penalties.

A landlord can object to a civil penalty and may have a right of appeal to the county court.

Criminal Offences

More serious consequences may arise where a landlord knows, or has reasonable cause to believe, that a person does not have the Right to Rent but continues to allow occupation.

Possible consequences include:

• criminal prosecution;


• an unlimited fine;


• imprisonment;


• a banning order;


• loss of a property licence;


• reputational damage; and


• other housing enforcement action.

Avoiding Discrimination

Right to Rent checks do not allow a landlord or letting agent to discriminate because of race, colour, nationality, ethnic origin or another protected characteristic.

A landlord should:

• give every applicant the same information;


• apply the same checking procedure to all adult applicants;


• accept every form of evidence permitted by the current guidance;


• allow a reasonable opportunity to obtain a share code or Home Office check;


• avoid assuming status from appearance, accent or name;


• avoid imposing extra conditions on foreign nationals;


• keep objective records of decisions; and


• train staff and agents who conduct checks.

A landlord should not insist on a British passport where another approved document or checking method is available.

A person with a time-limited Right to Rent should not automatically be treated less favourably than someone with an unlimited right.

Common Mistakes

Common compliance failures include:

• checking only applicants believed to be foreign;


• checking after the tenant has moved in;


• accepting an ordinary screenshot of online status;


• accepting a biometric residence permit manually;


• failing to compare the photograph with the occupier;


• forgetting to record the date of the check;


• keeping incomplete document copies;


• missing a follow-up check;


• failing to check unnamed adult occupiers;


• using outdated lists of acceptable documents; and


• assuming an agent is responsible without a written agreement.

Practical Checklist for Landlords

Before allowing occupation:

• identify every adult who will live at the property;


• apply the same procedure to every applicant;


• select the correct checking method;


• complete the check before the tenancy starts;


• confirm that the evidence relates to the occupier;


• save or copy the required evidence;


• record the date of the check;


• schedule any follow-up check;


• store the records securely; and


• obtain advice where the result is unclear.

How a Landlord and Tenant Solicitor Can Help

A solicitor may advise on:

• whether the Right to Rent Scheme applies;


• responsibility between landlords and agents;


• civil penalty notices;


• objections and appeals;


• alleged criminal offences;


• possession proceedings;


• unlawful discrimination claims;


• tenancy agreements and subletting clauses;


• data protection requirements; and


• related landlord licensing issues.

Finding a Landlord and Tenant Solicitor

Right to Rent checks must be completed for all relevant adult occupiers in England, not only those who appear to be foreign nationals.

The rules, digital systems and acceptable documents can change. Landlords should use the latest Home Office guidance each time a check is conducted.

Use the search facility at the top of this page to find a landlord and tenant solicitor who can advise on Right to Rent compliance, civil penalties, discrimination or possession proceedings.

This guide provides general information about the Right to Rent Scheme in England. It does not constitute legal or immigration advice and should not replace advice about an individual tenant, property or penalty notice.