Right to Rent Checks: A Practical Guide for Private Landlords

What is a right to rent check?

Before you enter into a tenancy in England, you must check that every adult who will live in the property as their only or main home has the right to rent, whether or not they are named on the agreement. If you let to someone who doesn't and you have no "statutory excuse", the Home Office can fine you up to £10,000 per occupier for a first breach and £20,000 for a repeat breach.

The duty comes from Part 3 of the Immigration Act 2014. It applies in England only, to tenancies first entered into from 1 February 2016 (1 December 2014 in the original pilot areas). You do not need to go back and check tenants whose tenancy began before then.

A new version of the Home Office code of practice for landlords comes into force on 1 October 2026, replacing the February 2024 version. It updates the rules for digital checks and eVisas and adds digital versions of some documents to the acceptable lists. The rest of this guide follows that code and the GOV.UK landlord guidance.

Who you must check

• Every adult (18 or over) who will live in the property as their only or main home, named on the tenancy or not.
• Lodgers who share accommodation with you. They are covered, with lower penalty amounts.
• Everyone equally. Check British citizens the same way as anyone else. The Home Office's code on avoiding unlawful discrimination warns that checking only people you assume are not British can breach the Equality Act 2010.

The scheme does not apply to some accommodation, including social housing, care homes, hostels and refuges, mobile homes, tied accommodation, student accommodation and long leases.

When to check

The check must be done before the tenancy agreement is entered into. For someone with a time-limited right to rent, the check must be done no earlier than 28 days before the tenancy starts. For someone with an unlimited right to rent, it can be done at any time before the agreement is made.

Which check to use

There are three ways to check. Pick the one that matches the person in front of you:

Where someone has an eVisa, the code says you must use the online service rather than a manual check. British and Irish citizens cannot get a share code.

How to do a manual check

The code sets out three steps:

1. Obtain the original document(s) from List A or List B in the code. A scan, photo or photocopy sent to you is not enough.
2. Check the documents are genuine and belong to the person, while the person is present, in person or on a live video call. Compare the photo with the person, check dates of birth match across documents, and look for damage or tampering. If names differ between documents, ask for evidence of the change, such as a marriage certificate.
3. Copy each document clearly (front and back where relevant) in a format that cannot be altered, and record the date you made the check. Keep the copies securely.

For online checks, save the result page the service shows you, which confirms the check and its date.

Follow-up checks and reporting

If someone's right to rent is time-limited, GOV.UK says you must check them again just before whichever is later: the end of their permission to stay, or 12 months after your last check. If they fail the follow-up check, you must report it to the Home Office as soon as reasonably practicable. Failing to report a tenant who fails a follow-up check can lead to a fine or prosecution.

The statutory excuse

Doing the prescribed checks correctly, before the tenancy starts, gives you a statutory excuse: a defence to a civil penalty if the occupier later turns out not to have the right to rent. For a time-limited right to rent, the excuse lasts only as long as you keep up the follow-up checks.

Landlord Checking Service. Where you use the Landlord Checking Service, the Home Office aims to reply within two working days. A "yes" (a Positive Right to Rent Notice) gives you a statutory excuse for 12 months. The code says that if you get no reply within two working days, you will be told automatically that you can let the property, and your excuse also lasts 12 months.

Keeping records

Keep copies of the documents, or the online check result, for the length of the tenancy and one year after it ends, then destroy them securely. Our guide to storing tenancy documents securely covers the practical side.

Using a letting agent

A letting agent can do the checks for you. If you agree in writing that the agent is responsible for the checks, the code says liability for civil penalties passes to the agent.

Penalties

Civil penalties

Civil penalties are set out in the code of practice. A breach counts as a repeat breach if you have had another penalty within the previous three years.

The penalty is per disqualified person. You do not have to know about their status to be liable. What protects you is the statutory excuse.

Criminal offence

Under section 33A of the Immigration Act 2014 (added by the Immigration Act 2016), it is a criminal offence to let premises that are occupied by a disqualified adult when you know, or have reasonable cause to believe, that they are disqualified. The maximum sentence on indictment is five years' imprisonment, a fine, or both.

Does the Renters' Rights Act change right to rent?

No. The Renters' Rights Act 2025 does not change the right to rent scheme. It does ban refusing tenants because they have children or receive benefits, so apply your checks and referencing in the same way to every applicant. Right to rent sits alongside referencing and deposit protection in the tenancy set-up checklist.

Frequently asked questions

Can I accept photocopies or scanned documents?

Not for a manual check. You must obtain the original document and check it while the holder is present, in person or by live video call. After that, you make and keep your own copy. For eVisa holders, you use the online share code service instead.

What if a tenant refuses to provide documents?

Without a completed check, you have no statutory excuse, so do not enter into the tenancy. If the person says they have an outstanding Home Office application or appeal, use the Landlord Checking Service.

How long must I keep copies of the documents?

For the length of the tenancy and one year after it ends.

Do I need to check existing tenants?

Not if their tenancy began before 1 February 2016 (or before 1 December 2014 in the pilot areas). You do need to carry out follow-up checks on any tenant whose right to rent you found to be time-limited.

Do I need to check tenants in Wales or Scotland?

No. Right to rent checks apply only in England.

Further reading

• Managing a rental property without a letting agent
• Tenant referencing without a letting agent
• Home Office: landlord's guide to right to rent checks