Right to Rent Checks: A Complete Guide for Landlords in England
Right to rent checks are a legal requirement for every landlord letting property in England. Before you let to a new adult, you must complete a right to rent check to confirm they have the legal status to rent in the UK. Failure to do so and you risk a civil penalty or prosecution.
This guide brings together everything you need on right to rent, correct as of 1st October 2026: what a check involves, who needs one and when, the documents and digital services you can use, follow-up checks, penalties, and how to avoid discrimination. Drawing on our members' day-to-day experience of the scheme, the NRLA has produced this guide to help you get every check right, first time.
Right to rent applies in England only. It doesn't apply in Scotland, Wales or Northern Ireland. For more on your wider responsibilities before a tenancy starts, see our pre-tenancy hub and tenant referencing guidance.
What is a right to rent check?
A right to rent check confirms that an adult moving into a rented property in England has the legal right to live in the UK. It's a legal requirement under the Immigration Act 2014, and landlords who don't carry one out correctly risk a civil penalty or criminal prosecution.
Three things to know:
- It applies in England only.Right to rent doesn't apply in Scotland, Wales or Northern Ireland.
- It covers every occupier aged 18 or over who'll live in the property as their only or main home, not just the named tenant.
- It must be completed before the tenancy begins and before the occupier moves in.
Who needs a right to rent check, and when?
You must carry out a right to rent check on every adult (aged 18 or over) who'll use your property as their only or main home, whether they're named on the tenancy agreement or not. This applies whether you're letting on an assured tenancy, offering a licence to occupy, or taking in a lodger, which covers almost every private tenancy in England.
The check must be completed before the tenancy agreement starts, and before the occupier moves in. If a prospective occupier is overseas and arranging accommodation ahead of their arrival, you can check their right to rent before they take up occupation instead.
Who counts
- Every adult occupier, including UK nationals. The Equality Act 2010 means you must check everyone the same way, or risk a discrimination claim. See ‘How to avoid discrimination’ below.
- Anyone who turns 18 during the tenancy should be included the next time you carry out a follow-up check on the property.
Who's exempt
- Holiday lets
- Accommodation provided by an employer (tied accommodation)
- Student accommodation where the educational institute places the tenant
- Mobile homes
- Tenancies of more than seven years with no landlord break clause
- Accommodation arranged by a local authority
- Social housing
- Care homes
- Hospitals and hospices
- Hostels and refuges
What documents are needed for a right to rent check?
The documents you need depend on the occupier's immigration status. The Home Office groups acceptable documents into two lists.
List A gives you a continuous statutory excuse for the whole tenancy, with no follow-up check needed. Most people rely on one document from List A Group 1, including:
- A current or expired British or Irish passport.
- A document confirming settled status, indefinite leave to remain, or the right of abode in the UK.
- A certificate of registration or naturalisation as a British citizen.
If your occupier can't provide one of these, two documents from List A Group 2 will also do. For example, a UK birth certificate, plus a letter from a government department confirming their name.
List B gives you a time-limited statutory excuse, so you'll need to conduct a follow-up check later. This includes documents such as a passport or travel document showing time-limited permission to stay, or a current Home Office immigration status document.
For British and Irish citizens, a current or expired passport is usually all you need. A physical Biometric Residence Permit or Biometric Residence Card can no longer be used on its own to prove right to rent. These are being phased out, and status is now checked online through the Home Office's eVisa system instead.
Member can download our full list of acceptable documents for further detail.
How to check a tenant's right to rent (the three methods)
There are three compliant ways to check a prospective occupier's right to rent: a manual document check, an online check using a share code, or a digital identity check through a certified provider. Which one you use depends on the occupier's nationality and how their immigration status is held.
Manual document check
- Establish that the adult will live in the property as their only or main home.
- Obtain the original document(s) from List A or List B either in person or by video call.
- Check the documents are genuine, unaltered, and belong to the person in front of you, comparing the photograph and date of birth.
- Make and keep a clear copy of the documents, dated the day you carried out the check.
- If the document is from List B, diarise a follow-up check before the time-limited right to rent expires.
- Keep copies for the length of the tenancy, and destroy them securely no later than one year after the occupier leaves.
Online check using a share code
A share code lets an occupier give you secure, online access to their immigration status, generated through their UK Visas and Immigration (UKVI) account. This is the main route for non-British and non-Irish nationals whose status is held digitally, including EU Settlement Scheme members and eVisa holders.
To use it, ask your prospective occupier for their share code (it starts with the letter ‘R’ — codes starting ‘W’ or ‘S’ are for other services and won't work) and their date of birth, then check them at gov.uk/view-right-to-rent. Confirm the photograph shown matches the person in front of you.
Share codes expire, but your occupier can generate a new one free of charge if needed. A physical document such as a Biometric Residence Permit is no longer accepted as proof on its own. The online check is now the correct route for anyone with digital immigration status.
Digital identity check for British and Irish citizens (IDVT)
For British and Irish citizens with a valid passport, you can use a registered right to rent digital verification service provider (RtR DVSP),sometimes still called Identity Document Validation Technology (IDVT),to verify their identity remotely. This gives you the same statutory excuse as a manual, in-person check.
From 1st October 2026, this route covers a current British or Irish passport, and a British or Irish passport that expired within the last six months. You must use a provider registered on the Home Office's Office for Digital Identities and Attributes (OfDIA) register, confirm the details match the person applying, and keep a copy of the results for the length of the tenancy plus one year after.
What is a statutory excuse, and how does a correct check protect you?
Carrying out the right to rent check correctly before the tenancy begins gives you a ‘statutory excuse’. This is a defence against a civil penalty if it later turns out your occupier didn't have the right to rent.
You'll lose that protection if: you can't show the check was carried out before the tenancy started; it was reasonably apparent the document was false or didn't belong to the person presenting it; you relied on an online check made outside the official GOV.UK service; or a time-limited statutory excuse has expired without a follow-up check.
Follow-up checks for time-limited right to rent
If your initial check showed your occupier has a time-limited right to rent, you'll need to carry out a follow-up check before their eligibility period ends. No follow-up is needed if their right to rent is permanent.
The eligibility period runs until whichever is latest: 12 months from your last check, the expiry of their permission to stay, or the expiry date of the document you checked. In practice, this means your follow-up check is often due shortly before their visa or permission expires, not exactly 12 months after your last check.
If, at a follow-up check, your occupier can't prove they still have the right to rent, you must report this to the Home Office to maintain your statutory excuse. Failing to check, or to report, means you risk losing that protection.
Penalties for getting right to rent checks wrong
Getting a right to rent check wrong carries civil and criminal risk. Penalties apply per occupier, not per property, meaning that multiple occupiers without the right to rent can mean multiple penalties on the same let.
Civil penalty (correct as of 1st October 2026)
If you pay within 21 days of a first Civil Penalty Notice, the Fast Payment Option reduces what you owe by 30%.
Knowingly letting to someone who doesn't have the right to rent, or continuing after the Home Office confirms they don't, can also be a criminal offence carrying an unlimited fine or up to five years in prison.
This is why your statutory excuse matters. Carry out the right check at the right time, keeping the evidence, and you won't be liable for a civil penalty even if your occupier turns out not to have the right to rent.
What to do if a tenant cannot prove their right to rent
Don't grant the tenancy until you have a positive result. Where an occupier can't confirm their status online or has an outstanding application or appeal with the Home Office, use the Home Office Landlord Checking Service or call the Landlords' Helpline on 0300 790 6268. The Home Office will respond within two working days with a clear yes or no.
If a current tenant loses their right to rent, report it to the Home Office to preserve your statutory excuse, then follow the correct possession route. Ground 7B, the immigration-status possession ground retained under the Renters' Rights Act, lets you seek possession where an occupier no longer has the right to rent.
Our possession guidance can help you through this process.
How to avoid discrimination when carrying out checks
Right to rent checks must never lead to discrimination. The Equality Act 2010 means you can't treat a prospective occupier less favourably, refuse them accommodation, or offer different terms because of their race, nationality, or ethnic or national origin.
Apply the same process to every adult occupier, including British and Irish citizens, checking only occupiers who ‘look or sound foreign’ is unlawful discrimination. Your occupier also chooses which acceptable document or method to use. You can't insist on a share code if they've offered valid physical documents instead, or vice versa.
Visit the government website for further information on preventing discrimination during lettings.
Record-keeping and data protection
Keep a clear, dated copy of every document or check result you rely on for the length of the tenancy, plus one year after it ends, then destroy the records securely.
Store these records securely, and don't share them with contractors or guarantors as they contain sensitive personal information that should only be seen by those who need it to confirm your statutory excuse.
If your letting agent carries out checks on your behalf, get copies of the records and written confirmation that the check was completed before the tenancy started as you may still need to produce this evidence yourself.
Using a letting agent for right to rent checks
You can transfer responsibility for right to rent checks to your letting agent, but only through a written agreement in which the agent explicitly accepts that responsibility and liability. Without this responsibility stays with you, even if your agent carries out the check in practice.
If your agreement is silent on the point, you remain liable. It's worth reviewing your current agreement to check this is clear, and keeping your own copies of the records regardless of who performs the check.
Upcoming changes to right to rent in 2026
From 1st October 2026, an updated Code of Practice takes effect, focused on the wider use of digital identity verification. The main changes:
- Digital identity checks (RtR DVSP) now cover a wider range of documents, including current British and Irish passports, passports expired within the last six months, and digital versions of List A and List B documents issued directly by the relevant authority.
- Registered providers must appear on the Home Office's Office for Digital Identities and Attributes (OfDIA) register.
- Clearer rules on when checks must be carried out to establish or keep a statutory excuse, and updated guidance on avoiding discrimination.
Right to rent checklist for landlords
- Check every adult aged 18 or over before the tenancy begins.
- Diarise a follow-up date for anyone with a time-limited right to rent.
- Apply the same process to every applicant, to avoid discrimination.
- Store records securely for the length of the tenancy, plus one year.
- If you use an agent, get written confirmation that the check was done.
How we can help
Right to rent compliance can feel like a minefield, especially with the rules changing again this October. As an NRLA member, you get access to our landlord support team, a dedicated advice line, right to rent and tenant referencing services, and template records to keep your paperwork audit-ready.
Join the NRLA today for right to rent guidance, ongoing compliance support, and exclusive member discounts.
Right to Rent FAQs
What is a right to rent check?
A right to rent check confirms that an adult moving into a rented property in England has the legal right to live in the UK. Landlords must carry one out on every occupier aged 18 or over before the tenancy begins.
What is a right to rent document?
A right to rent document is one of the documents on the Home Office's List A or List B that proves an occupier's immigration status. For example, a passport or a Home Office immigration status document. Which documents apply depends on whether the person has an unlimited or time-limited right to rent.
What is a right to rent share code?
share code is a temporary code an occupier generates through their UKVI account, giving you secure online access to their immigration status. Codes for right to rent begin with the letter ‘R’ and can be checked at gov.uk/view-right-to-rent.
How do I check a tenant's right to rent?
You can check manually using original documents, online using a share code, or through a registered digital verification service provider (RtR DVSP). Which method applies depends on the occupier's nationality and how their status is held.
How do I prove my right to rent?
If you're a tenant, you can prove your right to rent with an original document such as a passport, or by generating a share code through your UKVI account for your landlord to check online.
Who needs a right to rent check?
Every adult aged 18 or over who'll live in the property as their only or main home needs a right to rent check, whether or not they're named on the tenancy agreement.
Do British and Irish citizens need a right to rent check?
Yes. All adult occupiers must be checked, including British and Irish citizens. Checking only people who appear to be foreign nationals is unlawful discrimination.
Does right to rent apply in Scotland or Wales?
No. Right to rent only applies to private tenancies in England.
How long do I need to keep right to rent records?
Keep copies of the documents or check results for the length of the tenancy, and for one year after the occupier moves out, then destroy them securely.
What is a statutory excuse?
A statutory excuse is your legal defence against a civil penalty. You establish it by carrying out the correct right to rent check, in the correct way, before the tenancy begins, and by completing any required follow-up checks.
What happens if I do not carry out a right to rent check?
You risk a civil penalty of up to £20,000 per occupier, and in serious cases a criminal prosecution carrying an unlimited fine or up to five years in prison.
Do I need to recheck an existing tenant?
Only if their initial check showed a time-limited right to rent. You'll need a follow-up check before their eligibility period ends. There's no need to recheck someone with a permanent right to rent.
Can I use a letting agent to do right to rent checks?
Yes, but only if your written agreement says the agent accepts responsibility and liability for the checks. Otherwise, responsibility stays with you.
