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 occupier for a first breach and £20,000 for a repeat breach — or even criminal prosecution for 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. If the tenant has time-limited permission to stay, do the check no earlier than 28 days before the tenancy starts.
• 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. a partner), check them too, and record the date you became aware as well as the date you checked. See GOV.UK: check your tenant's right to rent.

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, or a share code from the Home Office online service. You cannot accept biometric residence permits or biometric residence cards: they expired on 31 December 2024, and holders now have an eVisa. People with an eVisa or EU Settlement Scheme status must be checked online with a share code. The Home Office maintains two document lists: List A (unlimited right to rent — single check sufficient) and List B (time-limited — needs follow-up).

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 for 90 days) which you enter at gov.uk/view-right-to-rent along with their date of birth. Use the Landlord Checking Service only when the tenant cannot give you acceptable documents or a share code, for example because they have an outstanding application or appeal. 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 (for example a visa or EU pre-settled status), you must check again. Specifically:

• Do the follow-up check just before the later of: the end of the tenant's permission to stay, or 12 months after your previous check. See GOV.UK: further checks.
• 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.
• Continuing to let to a tenant who has lost their right to rent, without reporting it, risks a civil penalty.

Set diary entries for follow-up dates the moment you make the initial check. Better: use software that keeps the dates in view for you.

Penalties for non-compliance

• First breach (civil penalty): up to £5,000 per lodger or £10,000 per occupier.
• Repeat breach: up to £10,000 per lodger or £20,000 per occupier.
• Knowing offence (criminal): Up to 5 years' imprisonment + unlimited fine if you knew the tenant had no right to rent and proceeded anyway.

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 records whether each tenant's Right to Rent check is done and, for time-limited permission, the follow-up date, so it shows as due soon on your dashboard. Upload document copies or the online check result to your documents for an audit trail.

Related guides

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