LandlordRight to Rent checks for landlords in England
In short: before a new tenancy starts, a landlord in England must check that every adult who will live in the property as their only or main home has the right to rent [1][2]. Check original documents, view their status online with a share code, or use a registered digital verification service, and keep a dated record [1]. Time-limited rights need a follow-up check [1]. Civil penalties go up to £20,000 per occupier [4][6].
Who must check, and who you check
Responsibility normally sits with the landlord: the person who lets someone occupy accommodation under a tenancy agreement that provides for rent [2]. You must check all tenants aged 18 and over, even if they are not named on the agreement, there is no agreement, or it is not in writing [1]. Lodgers are covered too [1].
Check everyone, including British citizens. GOV.UK says it is against the law to check only the people you think are not British [1].
A letting agent can do the checks for you; put the agreement in writing [1]. If an agent accepts responsibility in writing, liability for any penalty rests with the agent [2]. A tenant who sub-lets or takes in a lodger becomes responsible for checking them, unless you agree in writing to take that on [2].
The scheme applies to tenancy agreements first entered into on or after 1 February 2016, or 1 December 2014 in Birmingham, Wolverhampton, Dudley, Sandwell and Walsall [2]. Exclusions include social housing, care homes, hostels and refuges, student accommodation, tied accommodation and leases of 7 years or more [1]. The checks apply to property in England only, not Wales, Scotland or Northern Ireland [5].
When to do the check
For someone with an unlimited right to rent, such as a British or Irish citizen or a person with settled status, check at any time before the tenancy agreement is entered into. For a time-limited right, check no earlier than 28 days before it [2].
Three ways to check
1. Original documents
Ask for original documents from the Home Office's lists of acceptable documents [2]. A British or Irish citizen can usually use a British passport, an Irish passport or passport card (current or expired), or a certificate of registration or naturalisation as a British citizen [1]. Check the documents with the tenant present, in person or by video call [2]. Make sure that [1][2]:
- they are originals belonging to the tenant, with matching photos and believable, consistent dates of birth
- nothing looks damaged or altered, and any name difference is explained, for example by a marriage certificate
- for anyone who isn't British or Irish, their permission to stay has not ended.
Make a copy that cannot be changed, such as a photocopy or good photograph: for passports, every page with the expiry date, the holder's details or an endorsement; other documents in full. Record the date [1].
You cannot accept a biometric residence card or permit. If your tenant has one, ask for a share code instead [1].
2. Online check with a share code
A tenant with an eVisa, settled or pre-settled status, or a biometric residence card or permit can give you a share code [1]. You enter it with their date of birth on GOV.UK [5]. Right to rent share codes begin with "R"; codes beginning with "W" or "S" are for other services [2]. Someone who holds only an eVisa must prove their right to rent this way [2].
Check the profile photo is of the tenant, then save or print the profile page [1][2]. British and Irish citizens cannot get a share code, and you cannot insist on the online service if a tenant has an accepted original document [1].
3. A registered digital verification service
You can use a Digital Verification Service to check a tenant's documents [1]. If you do, it must be on the Office for Digital Identities and Attributes register and able to provide right to rent checks, and you remain responsible for the check being done properly [2]. Anyone who doesn't want a digital check must be offered a manual check instead [2].
No documents or share code?
Use the Home Office Landlord Checking Service, for example if the tenant has an outstanding case or appeal. You'll need their Home Office reference number, and you'll get an answer within 2 working days [1].
Follow-up checks
If a tenant's permission to stay in the UK is time-limited, you must do a follow-up check [1]. GOV.UK says to do it just before the later of two dates: the end of their permission to stay, or 12 months after your previous check [1]. After an online check, the service gives the follow-up date [2].
If a tenant fails a follow-up check, you must tell the Home Office; not reporting can mean a fine or up to 5 years in prison [1]. Report as soon as reasonably practicable and keep the reference number. A correct report means you are not required to end the tenancy [2].
Penalties
The Immigration Act 2014 says a landlord must not authorise an adult to occupy premises under a residential tenancy agreement if they are disqualified by their immigration status, and caps the civil penalty at £20,000 [3][6]. GOV.UK sets out the amounts [4]:
| Who was housed | First penalty | Further penalties |
|---|---|---|
| Lodger in a private household | £5,000 | £10,000 |
| Tenant in rented accommodation | £10,000 | £20,000 |
A check carried out the way the Home Office prescribes gives you a "statutory excuse" against a civil penalty [2]. Paying a first penalty within 21 days cuts it by 30% [2][4]. Renting to someone you knew, or had reasonable cause to believe, did not have the right to rent is a criminal offence, with up to 5 years in prison [4][7].
Records to keep
Keep the copies or saved profile, with the date of each check, while the person rents from you and for one year after, following data protection law [1]. Then securely destroy them [2].
The free landlord compliance calendar puts your tenancy, deposit and certificate dates in your phone's calendar; put any right to rent follow-up date alongside them.
Related tools and guides
Common questions
Do I have to check British tenants?
Yes. You must check all tenants aged 18 and over before a new tenancy starts. GOV.UK says it is against the law to check only the people you think are not British citizens.
Can I accept a biometric residence permit?
No. GOV.UK says you cannot accept a biometric residence card or permit. Ask the tenant for a share code and check their right to rent online instead.
When is a follow-up check due?
Only where the tenant's permission to stay is time-limited. GOV.UK says to do it just before the later of the end of their permission to stay or 12 months after your previous check.
How long must I keep right to rent records?
For the whole time the person rents from you and for one year after, with the date of each check.
What is the fine for renting to someone without the right to rent?
Up to £10,000 per tenant for a first penalty and £20,000 for further penalties. For a lodger in a private household it is £5,000, then £10,000.
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Sources
- GOV.UK: Check your tenant's right to rent (who to check, how to check, copies, follow-up checks, agents and subletting)
- Home Office: Landlord's guide to right to rent checks (version for checks from 1 October 2026)
- Immigration Act 2014, section 22
- GOV.UK: Penalties for renting to someone without the right to rent
- GOV.UK: Check a tenant's right to rent in England: use their share code
- Immigration Act 2014, section 23
- Immigration Act 2014, section 33A
General information, not legal or tax advice. Checked against GOV.UK on 3 October 2026. Rules change — always confirm on GOV.UK.