Right to Rent Checks

Before a new tenancy begins, every landlord letting residential property in England must check that all adults who will use the property as their main home have the legal right to rent in the UK. This is a legal requirement under the Immigration Act 2014 and applies regardless of the nationality of the tenant. A new Home Office code of practice applies to checks carried out on or after 1 October 2026. This guide explains who you must check, the three methods available for carrying out a check, what to look for when checking documents, how to handle the share code system, what records you must keep, when you need to carry out follow-up checks, and what happens if you get it wrong.

Who must be checked and when?

You must check all tenants and lodgers aged 18 and over before the start of a new tenancy. The obligation applies even if a person is not named on the tenancy agreement, if there is no written tenancy agreement, or if the tenancy agreement is not in writing. (Source: Checking your tenant's right to rent, GOV.UK)

You must check all adults who will use the property as their main home. A property is usually a person's only or main home if they live there most of the time, keep most of their belongings there, their partner or children live with them, they are registered to vote there, or they are registered with a doctor using that address. (Source: Checking your tenant's right to rent, GOV.UK)

The check must be completed before the tenancy starts. If the person has a time-limited right to rent, the check must be done no earlier than 28 calendar days before the tenancy starts. (Source: Home Office, Code of practice for landlords and their agents: the right to rent scheme, seventh version, in force 1 October 2026)

It is against the law to only check people you think are not British citizens. You must check all adults without discrimination. Selecting who to check based on a person's appearance, accent, or perceived nationality is unlawful discrimination. (Source: Checking your tenant's right to rent, GOV.UK)

Which tenancies are excluded?

You do not need to carry out right to rent checks for tenants in social housing, care homes, hospices and hospitals, hostels and refuges, mobile homes, student accommodation, accommodation provided by a local authority, accommodation provided as part of a person's job, or accommodation with a lease of seven years or longer. (Source: Checking your tenant's right to rent, GOV.UK; Private renting, GOV.UK)

The three ways to carry out a check

There are three prescribed check methods: a manual document check, the Home Office online check using a share code, and a check using a registered Right to Rent digital verification service provider (RtR DVSP). Using a DVSP is optional. If one is used, it must be listed on the Office for Digital Identities and Attributes (OfDIA) register with a note confirming it can provide right to rent checks.

Facial recognition technology may only be used through a RtR DVSP. The landlord must still be satisfied that the photo and details match the person. A person with an eVisa can only prove their right to rent through the Home Office online service. (Source: Home Office, Code of practice for landlords and their agents: the right to rent scheme, seventh version, in force 1 October 2026)

Checking original documents manually

If you carry out the check yourself using original documents, you must ask the tenant for originals, not photocopies. You must check the documents in the presence of the tenant. You must satisfy yourself that the documents are genuine, belong to the tenant, and show that they have the right to rent. (Source: Checking your tenant's right to rent, GOV.UK)

When checking documents you must verify that they are originals and belong to the tenant, that the photos on the documents are of the person in front of you, that dates of birth are consistent across all documents, that the documents are not damaged or altered, and that if names differ across documents there are supporting documents such as a marriage certificate or divorce decree to explain why. If the tenant is not a British or Irish citizen you must also check that their permission to stay in the UK has not expired. (Source: Checking your tenant's right to rent, GOV.UK)

British and Irish citizens can usually prove their right to rent with a British passport, an Irish passport or passport card (either current or expired), or a certificate of registration or naturalisation as a British citizen. They may also be able to use a combination of other acceptable documents. You can check a British or Irish citizen's documents yourself or through a registered Right to Rent digital verification service provider (RtR DVSP). (Source: Home Office, Code of practice for landlords and their agents: the right to rent scheme, seventh version, in force 1 October 2026)

Tenants who are not British or Irish citizens may be able to prove their right to rent with original immigration documents from the prescribed list, or through the Home Office online service. A person with an eVisa can only prove their right to rent through the Home Office online service. (Source: Home Office, Code of practice for landlords and their agents: the right to rent scheme, seventh version, in force 1 October 2026)

Using the share code system

Some tenants must prove their right to rent using a share code rather than physical documents. A person with an eVisa can only prove their right to rent through the Home Office online service. Tenants with settled or pre-settled status under the EU Settlement Scheme, or who applied for a visa using the UK Immigration ID Check app, may also use a share code.

The tenant provides you with their share code and you view their right to rent profile on the Home Office online service. British and Irish citizens can be checked by a manual document check or through a registered RtR DVSP. (Source: Home Office, Code of practice for landlords and their agents: the right to rent scheme, seventh version, in force 1 October 2026)

If a tenant does not have the right documents and does not have a valid share code, you must use the landlord's checking service to request a Home Office right to rent check. The service can confirm whether the tenant still has the right to rent if, for example, the Home Office holds their documents, they have an outstanding case or appeal, or they have been given permission to rent. You will receive an answer within two working days. (Source: Checking your tenant's right to rent, GOV.UK)

You must not rent to someone in England if they do not have the right documents, do not have a valid share code, and the Home Office right to rent check tells you they are not allowed to rent. (Source: Checking your tenant's right to rent, GOV.UK)

Keeping records

After completing the check you must keep copies of the documents or a record of the online check. Document copies must be in a format that cannot be manually altered, and the date of the check must be recorded.

For passports, copy every page with the expiry date or the applicant's details, including nationality, date of birth, and photograph, and any endorsements such as a work visa. For all other documents, make a complete copy. (Source: Home Office, Code of practice for landlords and their agents: the right to rent scheme, seventh version, in force 1 October 2026)

If you used the online share code service, you must save the tenant's profile page by printing it out or saving it as a digital file, and record the date of the check. (Source: Checking your tenant's right to rent, GOV.UK)

You must keep copies for the duration of the tenancy and for one year after it ends, then securely destroy them. You must also follow data protection law when storing this information. You must return original documents to the tenant once the check is complete. (Source: Home Office, Code of practice for landlords and their agents: the right to rent scheme, seventh version, in force 1 October 2026)

Follow-up checks

If there is a time limit on your tenant's permission to stay in the UK, you must carry out a follow-up check before the time-limited statutory excuse expires. That excuse lasts until the latest of: 12 months from the check, the end of the person's permission to be in the UK, or the expiry of the document relied on. (Source: Home Office, Code of practice for landlords and their agents: the right to rent scheme, seventh version, in force 1 October 2026)

You do not need to do a follow-up check if there is no time limit on the tenant's right to remain. This covers British and Irish citizens and those with indefinite leave to remain or settled status. (Source: Checking your tenant's right to rent, GOV.UK)

If a tenant fails a follow-up check, meaning they can no longer legally rent property in England, you must report this to the Home Office using the online landlord reporting service. Failure to do a follow-up check when one is required can result in a fine. Failing to report a tenant who fails a follow-up check can result in a fine or imprisonment of up to five years. (Source: Checking your tenant's right to rent, GOV.UK)

Agents and sub-letting

You can ask a letting agent to carry out the right to rent check on your behalf. Where an agent has accepted responsibility for right to rent compliance in writing, liability for a civil penalty rests with the agent, not the landlord. Liability cannot be passed beyond the agent. Keep the written agreement.

If a tenant sub-lets the property without your knowledge, the tenant is responsible for carrying out checks on any sub-tenants. (Source: Home Office, Code of practice for landlords and their agents: the right to rent scheme, seventh version, in force 1 October 2026)

Penalties for non-compliance

Civil penalties depend on whether the person is a lodger or an occupier, and on whether the breach is a first or repeat breach. A repeat breach means a previous breach within three years. A first-breach penalty is reduced by 30% if paid within 21 days (Fast Payment Option).

Lodger, first breach: up to £5,000. Lodger, repeat breach: up to £10,000. Occupier, first breach: up to £10,000. Occupier, repeat breach: up to £20,000.

The seventh code applies from 1 October 2026 and replaced the sixth version, which was in force from 12 February 2024 to 30 September 2026. Checks made before 1 October 2026 are judged against the code in force when they were made. A follow-up check due on or after 1 October 2026 must follow the new code. (Source: Home Office, Code of practice for landlords and their agents: the right to rent scheme, seventh version, in force 1 October 2026)

Under the Renters Rights Act 2025, Ground 7B remains in the possession framework. If at least one tenant has no right to rent under immigration law and the Home Secretary has given the landlord notice of this, the landlord can use Ground 7B to seek possession, with a notice period of two weeks. (Source: Guide to the Renters Rights Act, GOV.UK)

There is a landlord's helpline available for guidance on carrying out checks: 0300 790 6268, open Monday to Thursday 9am to 4:45pm and Friday 9am to 4:30pm. (Source: Checking your tenant's right to rent, GOV.UK)

What this means for landlords

You must check every adult aged 18 or over who will use your property as their main home before the tenancy starts. You must check all tenants without discrimination based on nationality or appearance.

You can check original documents yourself, use a registered Right to Rent digital verification service provider, or use the Home Office online share code service. A person with an eVisa can only use the online service.

You must keep unalterable copies for the duration of the tenancy and for one year after it ends, then securely destroy them. If a tenant has a time-limited right to remain, you must carry out a follow-up check before the statutory excuse expires. Civil penalties are up to £5,000 or £10,000 for a lodger, and up to £10,000 or £20,000 for an occupier, depending on whether the breach is a first or repeat breach.

This guide is for informational purposes only and does not constitute legal advice.