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. 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 tenant is only allowed to stay in the UK for a limited time, the check must be done in the 28 days before the tenancy begins. (Source: Checking your tenant's right to rent, GOV.UK)
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 methods a landlord can use to satisfy the right to rent requirement. You can check your tenant's original documents yourself. You can use a registered Digital Verification Service to check the documents. Or, where the tenant has a share code, you can view their right to rent online through the Home Office service. You cannot insist which method a tenant uses, but not everyone has the ability to use the online service. (Source: How to Rent guide, DLUHC, October 2023; Checking your tenant's right to rent, GOV.UK)
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 use a registered Digital Verification Service. (Source: Checking your tenant's right to rent, GOV.UK)
Tenants who are not British or Irish citizens may be able to prove their right to rent with original immigration documents. You cannot accept biometric residence cards or biometric residence permits as physical documents. If a tenant has one of these, you must ask them for a share code instead. (Source: Checking your tenant's right to rent, GOV.UK)
Using the share code system
Some tenants must prove their right to rent using a share code rather than physical documents. A tenant can get a share code if they have a biometric residence card or permit, have settled or pre-settled status under the EU Settlement Scheme, applied for a visa using the UK Immigration ID Check app, or have an eVisa. The tenant provides you with their share code and you view their right to rent profile on the Home Office online service at GOV.UK/view-right-to-rent. British and Irish citizens cannot get a share code and must use their original documents instead. (Source: Checking your tenant's right to rent, GOV.UK)
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 make copies of the documents or save a record of the online check. For physical documents, the copy must be one that cannot be changed, such as a photocopy or a good quality photograph. For passports, you must 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, you must make a complete copy. You must record the date you made the copy. (Source: Checking your tenant's right to rent, GOV.UK)
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 entire duration of the tenancy and for one year after the tenancy ends. 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: Checking your tenant's right to rent, GOV.UK; Private renting, GOV.UK)
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. The follow-up check must be done just before whichever date is later: the end of the tenant's permission to stay in the UK, or 12 months after your previous check. (Source: Checking your tenant's right to rent, GOV.UK)
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. If you do, this arrangement should be confirmed in writing. You remain legally responsible for ensuring the check is carried out correctly, so you should confirm with the agent that they have completed it and retain a copy of the record. If a tenant sub-lets the property without your knowledge, the tenant is responsible for carrying out checks on any sub-tenants. (Source: Checking your tenant's right to rent, GOV.UK)
Penalties for non-compliance
If you rent to someone who does not have the right to rent in England, you can be fined up to £20,000 per tenant or face imprisonment. The fine applies where the check was not carried out at all or was not carried out correctly. (Source: Checking your tenant's right to rent, GOV.UK)
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 Digital Verification Service, or use the share code system for tenants who have one. You must make and keep copies of documents or online check records for the duration of the tenancy and one year after. If a tenant has a time-limited right to remain, you must carry out a follow-up check before their permission expires or 12 months after your last check, whichever comes first. If a follow-up check reveals the tenant can no longer legally rent, you must report it to the Home Office. Fines of up to £20,000 per tenant apply for renting to someone without the right to rent.
This guide is for informational purposes only and does not constitute legal advice.