Right to Rent is a legal requirement for landlords renting out property in England. Under the Immigration Act 2014, you must check that anyone aged 18 or over who will live in your property as their main home has the Right to Rent in the UK before the tenancy starts.

Getting the checks right matters. If someone is found not to have the Right to Rent, having completed the checks correctly can give you a statutory excuse against a civil penalty.

The rules apply in England only. If your rental property is in Scotland, Wales or Northern Ireland, you don’t need to carry out Right to Rent checks.

1. Who needs a Right to Rent check?
2. Who is responsible for Right to Rent checks?
3. Right to Rent changes in October 2026
4. How to carry out a Right to Rent check (3 approved methods)
5. When to check and when to check again
6. Exceptions and tricky situations to watch out for
7. Right to Rent penalties

Who needs a Right to Rent check?

It’s not just the people named on your tenancy agreement who need checking. You must check every adult aged 18 or over who will use the property as their only or main home. This includes:

• Named tenants, including joint tenants
• Adult partners, family members and dependants living at the property
• Permitted occupiers, even if they don’t pay rent
• Lodgers and sub-tenants

Children under 18 don’t need an initial check. If someone living at the property turns 18 during the tenancy, you don’t need to check them immediately on their birthday. Instead, follow the rules on checks when a follow-up check becomes due.

The key question is whether the property will be someone’s main home. Someone who lives there most of the time and keeps their belongings there is likely to count as an occupier, whatever their name on the paperwork.

Friends or family visiting temporarily, such as for a weekend or a short holiday, don’t usually need a check.

Check everyone fairly

Right to Rent checks must be carried out consistently. You can’t decide who to check based on their appearance, accent, surname, ethnicity or assumptions about their nationality. British and Irish citizens must be checked, too.

To keep things straightforward:

• Apply the same process to everyone. Tell all prospective tenants at the same stage that a Right to Rent check is part of the process.
• Accept the permitted ways to prove eligibility. Some people can show original documents, while others may need to use the Home Office’s online share-code service. Don’t reject someone simply because they need to prove their status digitally or have time-limited immigration permission.
• Give everyone a fair opportunity to provide evidence. Explain what they need to do and allow reasonable time for the check to be completed.

Remember that skipping a check because you assume someone is British could leave you liable for a penalty. Treating applicants differently because of their background could also amount to unlawful discrimination. 

Who is responsible for Right to Rent checks?

If a Right to Rent check is missed or carried out incorrectly, the person legally responsible could face a civil penalty. For DIY landlords, that will usually be you, unless an exception applies.

The default: you, the landlord

If you manage your own rental, you’re responsible for making sure the required Right to Rent checks are completed before the tenancy starts.

Don’t assume that tenant referencing automatically covers immigration checks. A referencing service might check a prospective tenant’s identity, credit history and previous addresses without carrying out a compliant Right to Rent check.

Check exactly what’s included before relying on a third-party service. Ultimately, you need to make sure the required checks have been completed correctly to protect yourself against a potential fine.

What if your tenant sublets?

If your tenant sublets a room or the whole property, responsibility for Right to Rent checks will usually pass to them. For these purposes, a tenant who sublets becomes the landlord of their sub-tenant.

There are a few things to keep in mind, though. A tenant who sublets their room is generally responsible for checking their sub-tenant’s Right to Rent. However, you may become responsible if you agree in writing with your tenant to handle the checks for their sub-tenant.

Moreover, if you’re a live-in landlord, meaning you rent out a spare room in your own home, you must also carry out Right to Rent checks on your lodger. Living in the property yourself doesn’t exempt you from the rules.

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• All You Need to Know About the ‘Register Your Rental Property’ Service and Landlord Ombudsman

Right to Rent changes in October 2026

On 1st October 2026, the Home Office introduced the latest edition of its statutory Code of Practice, updating the rules around digital identity checks.

If you check original documents manually or use the Home Office’s online share-code service, the process remains largely unchanged. 

However, if you use digital verification services, there are three key changes to be aware of.

1. Digital verification providers must be registered

Companies that carry out digital identity checks on British and Irish citizens were previously known as Identity Service Providers (IDSPs). They’re now referred to as Right to Rent Digital Verification Service Providers (RtR DVSPs).

Under the updated rules, providers must be registered with the government’s Office for Digital Identities and Attributes (OfDIA) and specifically approved to carry out Right to Rent checks.

If you use a third-party service for tenant referencing or digital identity checks, check which provider it uses and confirm it’s on the official register.

Using an unapproved provider could mean your check doesn’t give you the statutory excuse you need to protect yourself against a civil penalty.

2. Some recently expired passports can be used

The updated Code brings some welcome flexibility for British and Irish applicants.

Registered RtR DVSPs can now use the biometric chip in a British or Irish passport, or Irish passport card, to verify someone’s identity digitally for up to six months after its expiry date.

Previously, an expired passport could prevent someone from completing a digital check, even if it had only recently expired. The change gives applicants more flexibility and can make the process less cumbersome.

3. Applicants must get another chance if facial recognition fails

Some digital identity checks use facial recognition to compare a live image of an applicant with the photo on their passport. The updated rules clarify what should happen if the technology doesn’t work as expected.

In this case, the facial comparison must also be carried out through an accredited RtR DVSP too, and a record of the comparison must be kept.

If facial recognition fails, the applicant must have a fair and reasonable opportunity to verify their identity through the standard manual checking process. A technical failure alone shouldn’t mean their application is rejected.

What should DIY landlords do?

If you check original documents yourself or use the Home Office’s share-code service, there’s little you need to change to your usual process.

If you use a third-party referencing or digital verification service, check which provider it uses and confirm that it’s registered with OfDIA for Right to Rent checks. It’s a simple step that can help ensure your checks meet the latest requirements.

How to carry out a Right to Rent check (3 approved methods)

There isn’t just one way to check a tenant’s Right to Rent. The method you use depends on their immigration status and the documents they can provide.

Whichever route you choose, it’s important to follow the correct process and keep the necessary evidence. Here’s how the three methods work.

1. Use a share code for online checks

Many tenants prove their immigration status through a digital eVisa rather than physical documents. Biometric Residence Permits (BRPs) and passport visa vignettes are no longer the standard evidence of immigration status, so an online share code is often the simplest way to complete the check.

1. Ask for a share code. The prospective tenant can generate a code through their UK Visas and Immigration (UKVI) account. It remains valid for 90 days.
2. Run the check. Enter the share code and the tenant’s date of birth into the official GOV.UK Right to Rent checking service.
3. Keep a record. Save or print the result, ensuring it shows the tenant’s photograph, immigration status and the date you completed the check.

You can also complete this check while a prospective tenant is still overseas, provided they can generate a valid share code.

2. Use an approved digital verification provider

British and Irish citizens can choose to prove their identity using an approved digital verification service. This can be a convenient alternative to checking physical documents yourself.

The applicant typically uses a digital service to verify their passport and identity. However, not every digital identity provider is approved to carry out Right to Rent checks.

Since October 2026, providers used for these checks must be registered with the government’s Office for Digital Identities and Attributes (OfDIA) and approved for Right to Rent verification. They’re known as Right to Rent Digital Verification Service Providers (RtR DVSPs).

Remember to make sure the service is registered and approved for Right to Rent checks before relying on its results. Once the check is complete, you must confirm that the photograph in the result is a genuine likeness of the person who will live in your property.

An added benefit is that approved providers can digitally verify British and Irish passports, as well as Irish passport cards, for up to six months after their expiry date.

3. Check original documents in person

If a tenant can’t use the online share-code service or an approved digital provider, you may need to check their original documents manually.

This is a common option for British and Irish citizens who prefer to use physical documents. You’ll need to examine the original documents and confirm that they belong to the person applying to rent your property.

Depending on the documents available, the tenant may be able to provide:

• One acceptable document: For example, a current or expired British or Irish passport, or a certificate of registration or naturalisation as a British citizen.
• Two acceptable documents together: If they don’t have a qualifying passport, they may be able to use two documents from the approved lists, such as a UK driving licence alongside a full UK birth certificate.

The exact combinations permitted depend on the Home Office’s document lists, so check the current guidance before completing the check.

Can you check documents over a video call?

Not in the usual way. Asking a tenant to hold up their passport to a webcam on Zoom or WhatsApp isn’t a valid manual check.

For a manual check, you must examine the original physical documents. If you’re checking remotely, you must have the original document in your hands while you carry out the check over a live video call. Otherwise, arrange to inspect the documents in person. The temporary adjustments introduced during the pandemic no longer apply.

What to do after the check

Once you’ve completed a Right to Rent check, make sure you keep clear evidence of the result. This could be copies of the original documents you examined or a screenshot or printout of the online check. Record the date the check was completed, too.

Make sure you keep records for the required period. This usually means storing them securely throughout the tenancy and for at least one year after it ends.

However, you must dispose of records securely when they’re no longer needed, in line with data protection requirements and Home Office guidance.

When to check and when to check again

Getting the timing right is just as important as checking the correct documents. Carry out a check too early, miss a follow-up date or forget to act when a tenant’s permission expires, and you could lose the protection a compliant check is meant to provide.

The rules depend on whether someone has an unlimited or time-limited Right to Rent.

Getting the timing right for initial checks

If your tenant has an unlimited Right to Rent (List A), you can carry out the check at any point before the tenancy begins.

This includes British and Irish citizens, as well as people with qualifying status, such as Indefinite Leave to Remain or settled status under the EU Settlement Scheme. 

Once you’ve confirmed their unlimited Right to Rent, you won’t need to carry out any follow-up checks during that tenancy.

If your tenant has a time-limited Right to Rent (List B), you must complete and record the check no earlier than 28 calendar days before entering into the tenancy agreement. For a written agreement, this is usually the date it’s signed, rather than the move-in date.

If your tenant has pre-settled status, don’t assume that no further checks are needed. Whether a follow-up is required depends on the outcome of the initial online check. The Home Office service will confirm if another check is needed and when it’s due.

When do you need to do a follow-up check?

If your tenant has a time-limited Right to Rent, you’ll need to complete a follow-up check before your existing statutory excuse expires.

For checks based on List B documents, the eligibility period lasts until the latest of these dates:

1. 12 months after the check was completed
2. The date the tenant’s immigration permission expires
3. The expiry date of the document used to establish their Right to Rent

The Home Office’s online checking service will tell you whether a follow-up is required and, where applicable, when it’s due.

For example:

• A tenant with a three-year visa: If their immigration permission lasts longer than 12 months, you won’t necessarily need to check again after the first year. Follow the deadline set by the applicable rules or the Home Office online service.
• A tenant with six months left on their visa: The eligibility period may extend beyond the visa’s expiry date. Don’t assume you need to carry out a follow-up exactly six months later. Check the applicable deadline and make sure you act before your statutory excuse expires.

Keep a record of each check and note any follow-up dates so they don’t get missed.

What if a tenant can’t pass a follow-up check?

If a tenant’s immigration permission expires and they can’t provide evidence of an ongoing Right to Rent, don’t jump to conclusions or take matters into your own hands. In particular, you must not change the locks or try to evict them yourself. 

Instead, follow the Home Office’s procedure for reporting a tenant who may no longer have the Right to Rent.

Make the report as soon as reasonably possible and keep a record of what you’ve submitted.

This can help protect you against a civil penalty where the relevant conditions are met, while you take advice on the appropriate legal next steps.

Exceptions and tricky situations to watch out for

Most Right to Rent checks are fairly straightforward. But what happens when a tenant’s documents are tied up with the Home Office, or you’re renting to students and aren’t sure whether the rules apply?

These are the situations where it’s worth checking the guidance rather than making assumptions.

What if the Home Office has someone’s documents?

Sometimes, a prospective tenant’s passport or immigration documents may be with the Home Office while their application or visa extension is being processed. If they can’t provide the usual evidence, you may still be able to confirm their Right to Rent through the Landlord Checking Service (LCS).

Here’s what to do:

1. Get the relevant details. Ask the applicant for their consent and their Home Office reference number.
2. Submit a request. Use the online Landlord Checking Service on GOV.UK. If you need procedural advice, you can contact the Landlord Helpline on 0300 790 6268.
3. Wait for a response. The Home Office aims to respond within two working days. If it confirms the applicant has the Right to Rent, it will issue a Positive Right to Rent Notice (PRRN). Keep a copy, as this provides a statutory excuse for 12 months from the date of the notice.
4. If there’s no response, check the rules. If the Home Office doesn’t respond within two working days, you may receive an automatic statutory excuse under the scheme’s rules. Check the official guidance to confirm that the conditions are met before proceeding.

The key is not to assume that a pending application automatically proves someone’s Right to Rent. Use the checking service to establish their position and keep a record of the outcome.

When are Right to Rent checks not required?

The scheme doesn’t apply to every type of accommodation. Certain arrangements are exempt, including some forms of:

• Social housing: Accommodation allocated by a local authority to meet its homelessness duties.
• Healthcare accommodation: Certain hospital, hospice and care home placements.
• Hostels and refuges: Qualifying accommodation, including some emergency accommodation provided by charities.
• Long leases: Residential leases granted for seven years or more.
• Mobile homes and holiday accommodation: Certain mobile homes, holiday caravans and other excluded accommodation.

The rules depend on the specific property and arrangement, so don’t assume an exemption applies just because your rental falls into one of these categories. 

The student accommodation myth

One of the easiest mistakes to make is assuming that all student rentals are exempt from Right to Rent checks. They’re not.

Some accommodation provided through universities and qualifying student housing arrangements falls outside the scheme. But that doesn’t mean a private house or flat becomes exempt simply because the people living there are students.

If you’re renting out a typical student house, flat or shared HMO, you must generally carry out Right to Rent checks on every adult tenant. Being enrolled at university, holding a student card or having a student visa doesn’t remove this requirement.

The exemption is specific to qualifying accommodation arrangements, rather than student tenants as a group. If you rent directly to students in a property you own, follow the usual checking process unless you’ve confirmed that a particular exemption applies.

Right to Rent penalties

The penalties for getting Right to Rent checks wrong increased significantly in February 2024, so it’s worth understanding what’s at stake before handing over the keys.

If someone living in your property doesn’t have the Right to Rent and you can’t show that you’ve met your legal obligations, you could face a substantial fine. The amount depends on the circumstances, including whether you’ve breached the rules before.

How much could you be fined?

Civil penalties apply to each adult who is renting without the right to do so, rather than simply to each tenancy. If several people in a shared property are affected, the total can quickly add up. The maximum penalties are:

For tenants in a standard rental property:

• First breach: Up to £10,000 per occupier.
• Repeat breach: Up to £20,000 per occupier.

For lodgers living in your own home:

• First breach: Up to £5,000 per lodger.
• Repeat breach: Up to £10,000 per lodger.

Repeat penalties can apply if you’ve received a previous penalty within the relevant three-year period.

For example, if three adult tenants are found to be renting illegally and you haven’t established a statutory excuse, you could face a fine of up to £30,000 for a first breach.

These are maximum penalties, not automatic fines. The amount imposed depends on the circumstances and the applicable rules.

When can a breach become a criminal offence?

Failing to carry out the required checks can lead to a civil penalty. But the consequences can be more serious if you knowingly rent to someone who doesn’t have the Right to Rent.

Under the Immigration Act 2014, landlords who know, or have reasonable cause to believe, that an occupier isn’t permitted to rent in the UK may face criminal prosecution.

The potential consequences include: an unlimited fine, up to five years in prison, or even a court order requiring possession of the property in certain circumstances.

An administrative mistake and knowingly allowing someone to rent illegally aren’t the same thing under the law.

Final thoughts

Right to Rent checks might feel like another job on an already lengthy landlord to-do list.But the best way to manage them is to make them part of your usual routine. 

Just as you arrange gas safety checks and keep your electrical certificates up to date, make Right to Rent checks a standard part of preparing for a new tenancy.

Digital tools have made the process more straightforward for many tenants, particularly those who can prove their immigration status using a share code. But whichever checking method you use, the basics remain the same: follow the correct procedure, complete checks at the right time and keep clear records.

A consistent process helps you avoid costly mistakes and gives you one less thing to worry about.