Right to Rent Checks —
Step-by-Step Guide for Landlords

What Is Right to Rent?

Right to Rent is the requirement under the Immigration Act 2014 for landlords in England to check that all adult tenants have the legal right to rent residential property in England. The scheme applies to all new tenancies and requires landlords to inspect original documents or use the Home Office online checking service before the tenancy begins.

The purpose of the scheme is to prevent undocumented migrants from accessing private rented accommodation. Landlords are effectively acting as a compliance checkpoint in the immigration system — a responsibility that carries significant personal liability if not met.

Who Must Carry Out the Check

The responsibility for carrying out Right to Rent checks sits with the landlord. If you use a letting agent to manage the property, you can formally delegate the Right to Rent check to them — but only in writing. Even with a written delegation, you remain liable if the agent fails to carry out the check properly. The safest approach is to verify with your agent that checks have been completed and retain documentation of that confirmation.

The check must be carried out for every adult who will be living at the property as their only or main home — including any adults who will be living there but are not named on the tenancy agreement.

Acceptable Documents

The Home Office publishes a full list of documents that are acceptable for Right to Rent checks. The most common categories are:

• UK and Irish citizens: UK passport, Irish passport or passport card, UK birth or adoption certificate plus a UK driving licence or HMRC correspondence
• Settled status (EU Settlement Scheme): Online share code — document checks alone are not sufficient
• Biometric Residence Permit holders: Online share code — document checks alone are not sufficient
• Other immigration status: Biometric Residence Card, passport with vignette visa, Certificate of Application, or other documents specified in the Home Office Landlords Guide

Always refer to the current Home Office Landlords Guide on gov.uk for the definitive list. The acceptable documents are updated periodically and the rules around digital documents and the online service have evolved significantly since the scheme began.

The Home Office Online Checking Service

The online service at gov.uk allows tenants to generate a share code that the landlord then uses to verify their right to rent status. The tenant logs in using their identity details and the service generates a code valid for 90 days. The landlord enters the code along with the tenant's date of birth to see their immigration status.

The online service provides a statutory excuse — meaning if the check shows the person has the right to rent and that later turns out to be incorrect, the landlord is not liable provided they carried out the check properly and in good faith.

How to Carry Out the Check

1. Ask the tenant for their documents before the tenancy begins — give enough notice to allow them to gather originals.
2. Check original documents in person or via video call — physical checks require original documents. Video call checks are permitted and should be conducted in real time, not via photos or scanned copies.
3. Verify the documents are genuine and match the person — check photos match, dates are consistent, and documents are not visibly altered.
4. Make a copy — scan or photograph each document. Date the copy with the date you carried out the check.
5. Record the date of the check — note when the check was done and when any follow-up check will be needed (for time-limited status).
6. Retain the copies securely — copies of documents and check records must be retained for the duration of the tenancy and for one year after it ends.

Time-Limited Immigration Status

Where a tenant has time-limited permission to be in the UK — a visa with an expiry date, for example — you must make a note of when that permission expires and conduct a follow-up check before that date.

If the follow-up check confirms the tenant still has the right to rent, note the new expiry date and repeat. If the check shows the tenant's permission has expired or been curtailed, you must report this to the Home Office using the landlord reporting process on gov.uk. You are not required to evict the tenant yourself — the reporting obligation is to notify the Home Office, who will take any enforcement action.

Record Keeping Requirements

Keep copies of all documents checked, along with a record of the date the check was carried out, for the duration of the tenancy and for at least 12 months after it ends. For online checks, retain a screenshot or PDF of the result page, including the date.

These records protect you if you are ever investigated. Without them, you cannot prove the check took place even if you carried it out correctly at the time.

Penalties for Non-Compliance

Civil penalties for letting to a tenant without the right to rent range from £2,500 to £20,000 per tenant for landlords (higher penalties apply to letting agents). The penalty depends on whether this is a first or repeat offence and whether the landlord was negligent or complicit.

Criminal liability applies where a landlord knowingly lets to someone without the right to rent. This carries an unlimited fine and up to five years' imprisonment. The criminal threshold requires knowledge or reasonable belief — negligence alone is a civil matter.

Frequently Asked Questions

Does Right to Rent apply in Scotland, Wales, and Northern Ireland?

No. Right to Rent currently applies in England only. Landlords in Scotland, Wales, and Northern Ireland do not have this obligation under current legislation.

What if a prospective tenant cannot provide acceptable documents?

If you cannot confirm a person's right to rent before the tenancy begins, you should not proceed with the tenancy. Document your attempt to carry out the check in case you are later questioned. You can also contact the Home Office Landlords Checking Service for assistance with complex cases.

Can I use digital copies of documents?

For most document-based checks, original documents must be inspected in person or via a real-time video call — scanned copies sent by email alone are not acceptable for a valid check. The online service is the exception: this is conducted entirely digitally and is valid.