Right to Rent Checks: A Landlord's Step-by-Step Guide

Since 2016, landlords in England have a legal obligation under the Immigration Act 2014 to check that every adult tenant has the right to rent in the UK before a tenancy begins. Getting this wrong can result in civil penalties of up to £10,000 per tenant — or even criminal prosecution for repeat or knowing offences. The rules apply to England only; Scotland, Wales, and Northern Ireland have separate (no Right to Rent) regimes.

This guide covers exactly what you need to check, when, what documents qualify, how to document your decision, and the follow-up checks that catch most landlords out.

What is a Right to Rent check?

It's a document check to verify your tenant's immigration status. You must confirm they have permission to be in the UK and, if their status is time-limited, follow up before it expires. The check is on the right to be in the UK, not on credit history or background — different audit, different process.

The legal weight: a Right to Rent check creates a "statutory excuse" — meaning if your tenant turns out to have no right to rent (a status they obtained fraudulently, or one that lapsed mid-tenancy), you have a defence as long as you carried out and recorded the check correctly. Skip the check, and you have no defence — even if the tenant lied to you about their status.

When must you check?

• Before the tenancy starts — within 28 days of the move-in date. Earlier is fine; later is non-compliant.
• Follow-up checks — if the tenant has time-limited permission to be in the UK, you must check again before it expires (the deadline depends on their visa expiry date).
• Every adult occupier — not just the lead tenant, everyone aged 18+ living in the property. Including adult children, lodgers, and undeclared occupants if you find out about them later.

If a new adult moves in mid-tenancy (e.g. partner moves in 6 months after move-in), you have 28 days from the date you become aware to check them. Document the date you became aware as well as the date you checked.

Step-by-step process

1. Obtain original documents

Ask the tenant to provide original identity documents (or a Home Office share code — see below). Acceptable documents include a UK or Irish passport, biometric residence permit, EU Settlement Scheme document, or share code from the Home Office online service. The Home Office maintains two lists: List A (unlimited right to rent — single check sufficient) and List B (time-limited — needs follow-up).

For a List A tenant: passport with indefinite leave, biometric residence card showing settled status, or Irish passport. For a List B tenant: visa with end date, biometric residence permit with end date, or a positive Home Office online check result.

2. Check validity

Verify the documents are genuine: the photos match the tenant, the dates are current, the person has permission to be in the UK during the tenancy. The Home Office's "Code of practice on illegal immigrants and private rented accommodation" gives detailed guidance on what to look for. Don't try to be a forensic document examiner — if something looks visibly altered or inconsistent, ask for an alternative document or run the online check.

3. Make and keep copies

Take clear copies of every document. Record the date you made the check. Keep these records for the duration of the tenancy and at least one year after it ends. Digital copies are fine and recommended (paper records get lost).

4. Use the Home Office online service

For tenants who have a Home Office share code, use the Home Office online checking service instead of physical documents. The tenant generates a share code (valid 30 days) which you enter at gov.uk/landlord-immigration-check along with their date of birth. The service returns a "right to rent" decision with a printable confirmation. Save a screenshot or PDF of the result with the date — this is your proof of the statutory check.

Online checks are increasingly the default route for non-British/non-Irish tenants. They reduce risk: the Home Office tells you the answer, instead of you interpreting documents yourself.

Follow-up checks for time-limited permissions

The follow-up check is the rule landlords forget most often. If your tenant has time-limited permission (visa, BRP with end date, EU pre-settled status), you must check again before that permission expires. Specifically:

• The follow-up check window is 12 months before the permission's end date or from the date their permission was due to expire — whichever is later.
• If at the follow-up check the tenant no longer has the right to rent, you must report it to the Home Office via the Landlord Checking Service. Failing to report leaves you on the hook for the civil penalty.
• Renewing a tenancy with a tenant who has lost their right to rent risks the £10k penalty.

Set diary entries for follow-up dates the moment you make the initial check. Better: use software that tracks the dates for you and prompts you 90 / 30 / 7 days out.

Penalties for non-compliance

• First offence (civil penalty): up to £10,000 per tenant; first £5,000 typical for first-time non-compliance.
• Repeat offence: Up to £20,000 per tenant — or criminal prosecution if there's evidence you knowingly rented to someone without the right.
• Knowing offence (criminal): Up to 5 years' imprisonment + unlimited fine if you knew the tenant had no right to rent and proceeded anyway.

The Home Office uses civil penalty data to identify repeat-offender landlords; one £5k penalty is recoverable, three or four start a pattern that escalates.

Common mistakes

• Only checking the lead tenant. Every adult counts; family members and partners need their own checks.
• Accepting photocopies as originals. The check requires sight of the original document or the online service result; photocopies aren't enough.
• Not recording the date. Without a date, you have no proof of when the check was made — invalidating the statutory excuse.
• Forgetting follow-up checks. Diary the date the moment you make the initial check, not at expiry.
• Discriminating in who you check. You must check every adult tenant, regardless of nationality or appearance. Selective checking ("they look British, no need") is illegal under the Equality Act 2010 and won't survive a discrimination claim.
• Using a letting agent who didn't check. If your agent failed to do the check, you're still liable. Pin down agent contracts: who does the check, who keeps the records?

The Renters' Rights Act doesn't change Right to Rent

One frequent question: does the Renters' Rights Act (abolishing Section 21, introducing periodic-only tenancies) change Right to Rent? No. Right to Rent is an immigration check under the Immigration Act 2014, separate from the housing law changes. The duty stays exactly as described above.

How Tendmere helps

Tendmere tracks Right to Rent check dates for every tenant. If a follow-up check is needed, you'll get reminders at 90, 30, and 7 days before the deadline. Upload document copies to your vault for a complete audit trail. The system also flags when an adult tenant is added to a tenancy without a check on file, and when a renewal is proposed for a tenant whose follow-up date has passed.

Related guides

• UK landlord compliance checklist — every duty and deadline
• Deposit protection rules explained — the other 30-day move-in obligation
• Property handover checklist for new tenants — full move-in workflow
• Dealing with problem tenants legally — when checks reveal something concerning