Right to Rent Checks: A Practical Guide for Private Landlords

Published 15 March 2026 | Updated 5 June 2026

Right to rent checks are a legal requirement in England since 1 February 2016. You must verify that every adult occupying the property has permission to rent before the tenancy begins, using documents from the Home Office's approved lists. Under the Immigration Act 2016, failure to conduct proper checks can result in civil penalties up to £10,000 per tenant for a first breach, rising to £20,000 for subsequent breaches, and criminal prosecution carrying up to five years' imprisonment in cases of knowing breach. Follow-up checks are needed for time-limited visas. The process involves collecting original documents, verifying them in person, and retaining copies for the duration of the tenancy plus at least one year after it ends.

Your Legal Duty to Check

Since 1 February 2016, every private landlord in England has been legally required to check that prospective tenants have the right to rent residential property in the UK. These checks apply before the start of every new tenancy, and in some cases, follow-up checks are required during the tenancy.

The right to rent scheme is part of the Immigration Act 2014 (as amended by the Immigration Act 2016). It places the obligation squarely on landlords — not agents, not tenants. If you let a property to someone who does not have the right to rent and you have not conducted the proper checks, you face civil penalties and, in serious cases, criminal prosecution.

Right to rent checks are a legal requirement, not a choice. But the process is straightforward once you understand what is expected.

Who Needs to Be Checked?

You must check every adult who will occupy the property as their only or main home. This includes:

• The named tenants on the tenancy agreement
• Any other adults who will live at the property, even if they are not named on the agreement
• Lodgers, if you are letting rooms in a shared property

When to Carry Out Checks

The initial check must be completed before the tenancy begins — specifically, within the 28 days before the start date. You cannot allow a tenant to move in and check later.

For tenants with a time-limited right to rent (such as those on certain visas), you must carry out follow-up checks before their permission expires. According to Home Office guidance, the online verification service notifies landlords of the required check date based on the tenant's immigration status.

How to Conduct a Manual Check

The manual check involves a simple three-step process:

1. Obtain original documents from the tenant. You must see the originals — photocopies, scans, or photographs are not acceptable for the initial check. The documents must be from the approved lists published by the Home Office (List A or List B).
2. Check the documents in the presence of the holder. Verify that the photographs and dates of birth are consistent with the person, that the documents are genuine and have not been tampered with, and that the dates are valid.
3. Make and retain copies. Take a clear copy of every document, record the date the check was made, and store the copies securely. You must keep these records for the duration of the tenancy and for at least one year after it ends. The Chartered Institute of Housing recommends retaining copies for at least 18 months to account for end-of-tenancy disputes.

Over 90% of right to rent checks at the initial stage can be completed using List A documents (passports and citizenship certificates), which require no follow-up and eliminate ongoing compliance risk. List B documents require time-limited follow-ups that must be tracked to avoid unintentional breach.

Acceptable Documents — List A

List A documents establish an unlimited right to rent and require no follow-up check. A UK or Irish passport (current or expired) and similar documents fall into this category. They include:

• A UK or Irish passport (current or expired)
• A certificate of registration or naturalisation as a British citizen
• A permanent residence card or document certifying permanent residence issued by the Home Office

Acceptable Documents — List B

List B documents establish a time-limited right to rent and require a follow-up check before expiry. A current passport with a valid visa or a Biometric Residence Permit falls into this category. They include:

• A current passport endorsed with a visa permitting the holder to stay in the UK
• A Biometric Residence Permit (BRP) with a valid expiry date
• An Application Registration Card issued by the Home Office to asylum seekers with permission to rent

The Home Office Online Checking Service

For tenants who hold a Biometric Residence Permit, Biometric Residence Card, or status granted under the EU Settlement Scheme, you should use the Home Office Online Right to Rent Checking Service rather than (or in addition to) a manual document check.

The process works as follows:

1. The tenant provides you with a share code generated through their Home Office online account
2. You enter the share code and the tenant's date of birth on the Home Office checking service
3. The system confirms whether the person has the right to rent and, if so, whether it is time-limited

The Statutory Excuse

Carrying out checks correctly gives you a statutory excuse — a legal defence against any civil penalty if a tenant is later found to not have the right to rent. This excuse is only valid if:

• You conducted the check before the tenancy started
• You followed the correct procedure (original documents, in-person verification, copies retained)
• You carried out any required follow-up checks on time

Without a statutory excuse, you are exposed to penalties even if you acted in good faith.

What If a Tenant Cannot Provide Documents?

Some tenants may have an outstanding application or appeal with the Home Office and cannot immediately provide documents confirming their right to rent. In this situation:

• Ask the tenant for evidence of their pending application (such as a Home Office acknowledgement letter)
• Contact the Home Office Landlords' Checking Service to request a right to rent check. The Home Office aims to respond within two working days
• Do not refuse the tenancy solely because the check is taking time — but do not grant access to the property until you have a positive response or valid documents

Penalties for Non-Compliance

Civil Penalties

If you let a property to someone without the right to rent and you do not have a statutory excuse, the Home Office can impose a civil penalty under the Immigration Act 2016 of:

• Up to £10,000 per tenant for a first breach
• Up to £20,000 per tenant for a subsequent breach

These penalties are strict liability — you can be fined regardless of whether you knew about the tenant's status if you simply failed to conduct the checks.

Criminal Offence

If you know or have reasonable cause to believe that a tenant does not have the right to rent and you let the property anyway, you may be guilty of a criminal offence under Section 33A of the Immigration Act 2014. This carries a maximum penalty of five years' imprisonment and/or an unlimited fine.

Right to Rent and the Renters' Rights Act

The Renters' Rights Act 2025 does not change the right to rent scheme itself, but it does change the context. Under the new Property Portal, landlords in England will need to demonstrate compliance with all legal requirements — and right to rent checks are part of that picture.

Maintaining proper records of your right to rent checks will support your standing as a compliant landlord and strengthen your position if you ever need to pursue possession or respond to an ombudsman complaint.

Practical Tips

• Create a checklist for every new tenancy that includes right to rent as a mandatory step, alongside deposit protection and gas safety checks
• Use the online service wherever possible — it is faster and more reliable than manual checks
• Set reminders for follow-up checks on time-limited permissions. Missing a follow-up date voids your statutory excuse
• Store records securely. Physical copies should be kept in a locked file; digital copies should be encrypted or stored in a secure cloud system
• Train anyone who helps you. If a family member or informal assistant handles viewings or tenant onboarding, make sure they understand the process

Right to rent checks are a straightforward obligation that takes minutes to complete. Done properly, they protect you from significant penalties. There is no good reason to skip them. If you manage your rental property without a letting agent, building these checks into your standard process is essential.

Frequently Asked Questions

Can I accept photocopies or scanned documents?

No. For the initial right to rent check, you must see and verify original documents in the presence of the prospective tenant. Only after you have verified the originals may you make and retain copies for your records.

What if a tenant refuses to provide documents?

If a prospective tenant refuses to provide acceptable documents, you cannot proceed with the tenancy. Allowing them to occupy the property without completing the check leaves you exposed to civil penalties and removes your statutory excuse.

How long must I keep copies of the documents?

You must retain copies for the duration of the tenancy and for at least one year after the tenancy ends. The Chartered Institute of Housing recommends keeping records for 18 months after the tenancy ends to cover potential disputes.

Do I need to check existing tenants?

No. If a tenancy began before 1 February 2016, you are not required to carry out retrospective checks. However, if you grant a new tenancy to the same tenant after that date, a check is required.

What happens if I miss a follow-up check deadline?

Missing a follow-up check deadline voids your statutory excuse. If the tenant is later found not to have the right to rent, you may face a civil penalty even if the tenant had valid status at the start of the tenancy. Set calendar reminders well in advance of expiry dates.

Are joint tenants checked individually?

Yes. Every adult named on the tenancy agreement and every adult who will occupy the property as their main home must be checked individually. Each person's documents must be verified and copied separately.

Further Reading

• Landlord Registration and the Property Portal Explained
• Tenant Deposit Protection Rules for Landlords
• Managing a Rental Property Without a Letting Agent
• Home Office Right to Rent Guidance