Right to Rent Checks: A Practical Guide for Private Landlords

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. The Home Office will tell you when the follow-up check is due 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.

Acceptable Documents — List A

List A documents establish an unlimited right to rent. No follow-up check is needed. 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. A follow-up check is required before the permission expires. 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 of:

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

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.

Further Reading

• Landlord Registration and the Property Portal Explained
• Tenant Deposit Protection Rules for Landlords
• Managing a Rental Property Without a Letting Agent