Right to Rent Checks UK 2026: Complete Landlord Guide

Right to rent checks are one of your most important legal obligations as a UK landlord. Get them wrong, and you could face civil penalties of up to £20,000 per occupant or even criminal prosecution with an unlimited fine. This comprehensive guide walks you through everything you need to know about conducting lawful right to rent checks.

What Are Right to Rent Checks?

Right to rent checks are mandatory identity and immigration status verifications you must complete before allowing anyone to occupy your rental property. Introduced in 2014 and extended across England in 2016, these checks ensure only people legally entitled to rent property in the UK can do so.

Key point: You must check every adult (18 or over) who will live in the property, including joint tenants, guarantors who will occupy the property, and any adults moving in during the tenancy.

Legal Requirements Under UK Law

The Immigration Act 2014, Part 3 makes right to rent checks a legal requirement for all landlords in England. Here's what the law demands:

Your Legal Obligations

• Check before occupation: Complete checks before anyone moves in or signs a tenancy agreement
• Check all adults: Verify every person aged 18 or over who will live in the property
• Keep records: Retain copies of documents and check records throughout the tenancy
• Repeat checks: Conduct follow-up checks when someone's leave to remain expires
• Report suspicious documents: Alert the Home Office if you suspect fraudulent documentation

Penalties for Non-Compliance

The consequences of failing to conduct proper right to rent checks are severe. The gov.uk penalties for illegal renting guidance sets out the civil penalty regime:

• First breach: Up to £10,000 per occupant without right to rent
• Repeat breach: Up to £20,000 per occupant
• Knowingly letting to someone without right to rent: Criminal offence, unlimited fine and up to five years' imprisonment
• Landlord licensing: Potential refusal or revocation of licensing applications

A "breach" occurs when you let to someone who does not have the right to rent and you did not carry out a compliant check. If you carried out a compliant check at the start of the tenancy in good faith and the occupant's circumstances subsequently changed without your knowledge, you retain the statutory excuse — the legal protection that shields landlords from civil liability. Even if you carried out a check but did so incorrectly (for example, accepting a document you were not entitled to accept), you may lose the statutory excuse and still be liable.

Who Needs Right to Rent Checks?

People You Must Check

✅ All tenants named on the tenancy agreement
✅ Joint tenants and their partners if living together
✅ Guarantors who will occupy the property
✅ Adult children of tenants (once they turn 18)
✅ New occupants added during the tenancy ✅ Sub-tenants, if you have consented to sub-letting

People You Don't Need to Check

❌ Visitors staying temporarily
❌ Children under 18
❌ Guarantors who won't live in the property
❌ Tenants' guests (unless they become permanent residents)

Step-by-Step Right to Rent Check Process

Step 1: Request Documentation

Ask prospective tenants to provide acceptable right to rent documents before you arrange viewings or accept applications. This saves everyone time if they can't demonstrate their right to rent.

Best practice: Include right to rent requirements in your property listings and initial tenant communications.

Step 2: Examine Original Documents

You must see and handle original documents in person. Photocopies, scanned images, or digital versions aren't acceptable for the initial check.

Important: The person must be physically present when you examine their documents, unless you're using the online right to rent service for certain visa holders.

Step 3: Check Document Authenticity

Examine documents carefully for signs of forgery or tampering:

• Feel the paper: Genuine documents have specific textures and thickness
• Check security features: Look for watermarks, holograms, and raised text
• Verify photos: Ensure photos match the person and aren't tampered with
• Check dates: Confirm documents haven't expired
• Examine text: Look for spelling errors or unusual fonts

Step 4: Make and Keep Copies

Take clear copies of all documents showing:

• Full document: Both sides if applicable
• Readable text: All details must be legible
• Colour copies: Where security features require it
• Date of check: Add the date you conducted the check

Step 5: Complete Your Records

Document the check with:

• Date of the check
• Name of person checked
• Type of document examined
• Document reference numbers
• Your signature confirming you've seen originals

List A vs List B Documents

The Home Office categorises acceptable documents into two lists based on the person's right to rent status.

List A Documents (Indefinite Right to Rent)

These documents prove indefinite right to rent - no follow-up checks needed:

British and Irish Citizens:

• UK or Irish passport (current or expired within 2 years)
• UK birth certificate + official document with National Insurance number
• Certificate of registration/naturalisation + official document with National Insurance number

Other Indefinite Leave:

• Passport with indefinite leave to remain stamp
• Biometric residence permit showing indefinite leave
• Passport with "no time limit" stamp
• A valid share code from the Home Office online service confirming settled status under the EU Settlement Scheme

List B Documents (Time-Limited Right to Rent)

These documents prove time-limited right to rent - follow-up checks required:

Current Permission:

• Passport with valid visa or entry stamp
• Biometric residence permit with expiry date
• Immigration status document from Home Office
• Application registration card (Group 2)

EU Settlement Scheme (Pre-Settled):

• A share code confirming pre-settled status under the EU Settlement Scheme

Asylum Seekers and Appeals:

• Certificate of application for asylum
• Positive verification from Home Office employer checking service

Online Right to Rent Service

For any applicant who presents a share code rather than a physical document — including EU, EEA, and Swiss nationals who hold status under the EU Settlement Scheme, and anyone with a digital immigration status — you must use the Home Office online right to rent checking service. The applicant generates a share code through their UK Visas and Immigration account, which you then use alongside their date of birth to verify their status online.

Important: Do not accept a share code check result via a screenshot provided by the applicant — always run the check yourself using the share code and date of birth directly on the government's service. An online check provides a statutory excuse in the same way that a manual document check does.

When to Use Online Service

• The person has a biometric residence permit, card, or passport
• They've provided you with their "share code"
• You've verified their identity using their physical document first

How the Online Service Works

1. Get share code: Tenant generates a code at gov.uk/prove-right-to-rent
2. Enter details: Input the share code and tenant's date of birth
3. View results: See their right to rent status and any restrictions
4. Keep records: Print or save the results as your check record

Advantage: Online checks automatically show when follow-up checks are due.

Identity Service Provider (IDSP) Digital Verification

As of 2026, IDSP-certified digital verification is available for British and Irish citizens. This allows certified third-party services to verify identity digitally — using biometric checks and document scanning — without requiring an in-person meeting. Using an IDSP-certified service provides the same statutory excuse as a manual document check. Check the gov.uk guidance for the current list of certified providers.

Follow-Up Checks: When and How

If someone has time-limited right to rent (List B documents), you must conduct follow-up checks before their permission expires.

Timing Follow-Up Checks

• Before expiry: Check just before their leave to remain expires
• During tenancy: Even if they've been good tenants
• New applications: If they've applied for extended permission

Follow-Up Check Process

1. Contact tenant: Ask for updated documentation at least 28 days before expiry
2. Arrange meeting: Meet in person to examine new documents
3. Check status: Verify their new right to rent status
4. Update records: Keep copies of new documents and check records

If They Can't Provide Valid Documents

If a tenant can't demonstrate ongoing right to rent:

• Don't renew: Don't offer tenancy renewals
• Serve notice: Serve appropriate notice to quit
• Report to Home Office: Notify immigration enforcement
• Keep records: Document your actions and communications

Record Keeping Requirements

Proper record keeping protects you from penalties and provides evidence of compliance.

What Records to Keep

Document copies:

• Clear, legible copies of all checked documents
• Both sides of documents where applicable
• Colour copies when security features require it

Check records:

• Date and location of each check
• Names of all people checked
• Type of documents examined
• Your signature and dated confirmation

Correspondence:

• Communications about right to rent requirements
• Tenant responses and any issues raised
• Follow-up check arrangements and outcomes

How Long to Keep Records

• During tenancy: Keep all records while tenancy continues
• After tenancy: Retain records for at least one year after tenancy ends
• Safe storage: Keep physical and digital copies secure
• Easy access: Ensure records are quickly retrievable if requested

Modern property management tools like LetSorted can help you track right to rent check dates and set automatic reminders for follow-up checks, ensuring you never miss important compliance deadlines.

Right to Rent and the Renters' Rights Act 2025

The Renters' Rights Act 2025 did not fundamentally change the Right to Rent scheme, but it has indirect implications. With Section 21 no-fault evictions abolished, landlords who let to someone without the right to rent face a harder path to regaining possession — the Immigration Act's own provisions allow for more streamlined termination in these cases, but you must still follow the correct legal process. Ensuring your initial screening is thorough reduces the likelihood of ever being in that position.

Common Mistakes to Avoid

Documentation Errors

❌ Accepting photocopies: Always see originals first
❌ Skipping verification: Don't assume documents are genuine
❌ Missing follow-ups: Set reminders for time-limited permissions
❌ Incomplete records: Keep comprehensive check documentation

Process Mistakes

❌ Checking after move-in: Complete checks before occupation
❌ Missing occupants: Check everyone aged 18 or over
❌ Ignoring expiry dates: Monitor when permissions expire
❌ Poor record keeping: Maintain organised, accessible records

Special Circumstances

Joint Tenancies

When renting to joint tenants:

• Check each tenant individually
• Each must have right to rent
• One person's status doesn't affect others
• Keep separate records for each person

Adding New Occupants

If someone new moves in during the tenancy:

• Conduct full right to rent check before they occupy
• Update tenancy agreement if necessary
• Add their details to your records
• Monitor any time-limited permissions

Student Accommodation

For student lettings:

• Check all students aged 18 or over
• International students often have time-limited visas
• Plan follow-up checks around academic years
• Keep university contacts for visa verification

Discrimination and Fair Treatment

Right to rent checks must be conducted fairly without discrimination.

Legal Requirements

• Check everyone equally: Same process for all prospective tenants — this is also a requirement of the wider landlord compliance checklist
• Wealth is not an exemption: A visibly affluent applicant still needs a check. Strong overseas income evidences affordability and nothing else — see renting with overseas income and no UK bank account
• Don't assume status: Never guess someone's immigration status
• Accept all valid documents: Don't insist on specific document types
• Reasonable adjustments: Make accommodations for disabilities

Avoiding Discrimination

Do:

• Request documents from all prospective tenants
• Accept any valid List A or List B document
• Treat all applications equally
• Focus on ability to pay rent and be good tenants

Don't:

• Make assumptions based on appearance or accent
• Ask for specific documents from certain groups
• Refuse applications based on immigration status alone
• Treat people differently during the checking process

Using Professional Services

Many landlords use letting agents or professional services for right to rent checks.

When Agents Conduct Checks

If your letting agent handles right to rent checks:

• You must have a written agreement in place confirming that the agent is responsible for conducting the checks. Without it, you remain liable even if the agent failed to carry out the check.
• Confirm they're properly trained and experienced
• Ensure they follow correct procedures
• Request copies of all check records
• Remember that even with a written agreement, it is good practice to verify compliance yourself

Property Management Software

Digital tools can streamline right to rent compliance by:

• Storing secure copies of documents
• Setting automatic reminders for follow-up checks
• Tracking expiry dates across your portfolio
• Maintaining organised compliance records

LetSorted's tenant screening features include right to rent tracking and automated compliance reminders, helping landlords stay on top of their legal obligations across all their properties.

Staying Compliant: Best Practices

Create a Standard Process

Develop a consistent approach to right to rent checks:

1. Initial contact: Explain requirements upfront
2. Document request: Ask for proof before viewings
3. Physical check: Always examine originals in person
4. Record keeping: Maintain comprehensive records
5. Follow-up system: Track and schedule repeat checks

Regular Training and Updates

• Stay informed: Monitor changes to right to rent requirements
• Update procedures: Adjust processes when rules change
• Train staff: Ensure anyone conducting checks is properly trained
• Review regularly: Assess and improve your checking procedures

Building Positive Relationships

Approach right to rent checks professionally:

• Explain the process: Help tenants understand legal requirements
• Be respectful: Treat everyone with dignity and fairness
• Offer support: Help tenants understand what documents they need
• Maintain privacy: Keep personal information secure and confidential

Getting Help and Support

Government Resources

• Home Office guidance: Official Right to Rent landlords' code of practice and the check a tenant's right to rent service
• Online checking service: For eligible visa holders
• Employer checking service: For verification queries
• Training materials: Free guidance and training resources

Professional Support

• Immigration lawyers: For complex cases or advice
• Letting agents: Professional checking services
• Landlord associations: Training and support networks
• Property management software: Automated compliance tracking

Frequently Asked Questions

What documents do I need for a Right to Rent check?

You need to see original List A documents (such as a UK or Irish passport) for people with indefinite right to rent, or List B documents (such as a passport with a valid visa or a biometric residence permit with an expiry date) for people with time-limited permission. Photocopies and scans are not acceptable for the initial check.

What happens if I don't do a Right to Rent check?

Failing to conduct a Right to Rent check can result in a civil penalty of up to £10,000 per occupant for a first breach and £20,000 for repeat breaches. In the most serious cases involving knowingly letting to someone without right to rent, criminal prosecution and an unlimited fine are possible. Landlord licensing applications can also be refused or revoked.

Do I need to do a Right to Rent check for existing tenants?

You do not need to retrospectively check tenants whose tenancy began before the Right to Rent scheme commenced. However, you must conduct follow-up checks for any existing tenant whose time-limited permission to remain is due to expire, and you must check all new occupants who move in during the tenancy.

What is a Right to Rent check and who must carry it out?

A Right to Rent check is a legal requirement for landlords letting residential property in England. Under the Immigration Act 2014, you must verify that every adult who will live in the property has the legal right to rent in the UK before the tenancy starts. The check applies to all occupants aged 18 and over, regardless of nationality.

What are the updated civil penalties for failing to carry out a Right to Rent check?

Civil penalties can reach £10,000 per occupant for a first breach and £20,000 for repeat breaches. In the most serious cases involving knowingly letting to someone without the right to rent, criminal prosecution and an unlimited fine are possible.

Right to rent checks are complex but essential. When done properly, they protect both you and your tenants while ensuring you meet your legal obligations. They form a key part of the broader tenant screening process, alongside credit checks, references, and affordability assessments. Take time to understand the requirements, develop robust checking procedures, and maintain excellent records.

Remember: the penalties for getting this wrong are severe, but the process becomes straightforward once you establish proper systems. Focus on being thorough, fair, and consistent in your approach to right to rent compliance.