Right to Rent Checks: Landlord Guide

What Is a Right to Rent Check?

A right to rent check is a verification process that landlords in England must carry out before letting a residential property to confirm that the prospective tenant has a legal right to live in the United Kingdom. The obligation was introduced by the Immigration Act 2014 (Part 3, Sections 20-37) and came into force on 1 February 2016 for all private landlords in England.

The purpose of the right to rent scheme is to prevent illegal immigrants from accessing private rental accommodation. However, the scheme has been controversial and landlords must take care to conduct checks in a non-discriminatory manner. The checks must be applied equally to all prospective tenants, regardless of nationality, ethnicity, or appearance.

Who Must Carry Out the Check

The obligation falls on the landlord of the property. If you use a letting agent, you can delegate the check to the agent, but you must have a written agreement in place that explicitly confirms the agent is responsible for conducting right to rent checks on your behalf. Without this written delegation, the landlord remains liable.

If the property is a house in multiple occupation (HMO), the check must be carried out for each individual occupier, not just the lead tenant. For more on HMO requirements, see our HMO licensing guide.

Who Needs to Be Checked

The check must be carried out on every adult (aged 18 or over) who will occupy the property as their only or main home, including:

• Named tenants on the tenancy agreement
• Adult family members who will live in the property
• Any other adults who will use the property as their main residence

The check must be completed no more than 28 days before the start of the tenancy. In practice, this means the check should be carried out before the tenancy agreement is signed or before the person moves in, whichever is earlier, but no earlier than 28 days before the tenancy begins. A check conducted more than 28 days before the tenancy start date will not provide a statutory excuse.

Exemptions

Certain categories of accommodation are exempt from right to rent checks:

• Social housing
• Student accommodation provided by educational institutions
• Care homes, hospitals, and hospices
• Hostels and refuges
• Properties provided under certain immigration arrangements (asylum accommodation)
• Tied accommodation connected to employment

Acceptable Documents

The Home Office publishes two lists of acceptable documents that tenants can present to prove their right to rent.

List A Documents: Unlimited Right to Rent

A tenant who presents a List A document has an ongoing, unlimited right to rent and no follow-up check is required. List A documents include:

1. UK or Irish passport (current or expired)
2. Certificate of registration or naturalisation as a British citizen
3. EEA or Swiss national identity card or passport with evidence of settled status under the EU Settlement Scheme
4. Biometric residence permit showing indefinite leave to remain
5. Immigration status document with endorsement showing indefinite leave to remain
6. A positive verification from the Home Office online checking service confirming indefinite leave to remain or settled status

List B Documents: Time-Limited Right to Rent

A tenant who presents a List B document has a time-limited right to rent. The landlord must carry out a follow-up check before the document expires or within 12 months, whichever is later. List B documents include:

1. Biometric residence permit showing limited leave to remain
2. Passport or travel document with a current immigration stamp or endorsement showing limited leave
3. Immigration status document with endorsement showing limited leave to remain
4. Certificate of application to the EU Settlement Scheme (with a positive verification from the Home Office checking service)
5. Application Registration Card (for asylum seekers, with Home Office verification)
6. A positive verification from the Home Office online checking service confirming limited leave to remain or pre-settled status

Documents in Combination

Some individuals may not have a single document from either list. In some cases, a combination of documents can be accepted. For example, a full birth certificate issued in the UK combined with a government-issued document showing the person's National Insurance number and name can establish a right to rent.

Always check the latest Home Office guidance, as the list of acceptable documents and combinations is updated periodically.

How to Conduct the Check

Manual Document Check

For tenants presenting physical documents:

1. Obtain the original document from the tenant. Photocopies are not acceptable for the initial check.

2. Check the document in the presence of the tenant. You should verify:

   • The document is an original (not a copy)
   • The photograph resembles the tenant
   • The date of birth is consistent with the tenant's appearance
   • The document has not expired (unless it is a UK or Irish passport, which can be expired)
   • The document has not been tampered with
   • Any immigration endorsements allow the tenant to rent in the UK

3. Make a clear copy of the relevant pages (photo page, any pages with immigration stamps or endorsements) and record the date the check was carried out.

4. Retain the copy securely for the duration of the tenancy and for at least one year after the tenancy ends.

Online Checking Service

The Home Office provides an online right to rent checking service that can be used for tenants with:

• EU Settlement Scheme status (settled or pre-settled)
• Biometric residence permits
• Biometric residence cards
• eVisas

To use the online service:

1. The tenant must provide you with a share code, which they generate from the Home Office "Prove your right to rent" online service
2. You enter the share code and the tenant's date of birth on the landlord's checking service
3. The system confirms the tenant's immigration status and right to rent

The online check produces a result that you should save or print and retain as your record.

Identity Document Validation Technology (IDVT)

Since 6 April 2022, landlords can use certified Identity Document Validation Technology services to carry out digital right to rent checks on British and Irish passport holders. These services verify the passport electronically and can be used as an alternative to a manual document check.

Repeat Checks for Time-Limited Permission

If the tenant has time-limited permission to be in the UK (List B documents), the landlord must carry out a follow-up check before the permission expires. The follow-up check must be carried out:

• Before the permission expires, or
• Within 12 months of the previous check, whichever is later

Set calendar reminders for follow-up checks. Missing a follow-up check removes the landlord's statutory excuse (see below) and can result in penalties.

Follow-Up Check Process

• Diary the expiry date of the tenant's immigration permission immediately after the initial check
• Set a reminder at least 28 days before the follow-up check is due
• Contact the tenant to arrange the follow-up check
• Carry out the check using the same process as the initial check
• Record the date and outcome of the follow-up check
• If the tenant cannot provide an acceptable document, contact the Home Office Landlord Checking Service for verification
• Retain records of all follow-up checks

The Statutory Excuse

If a landlord carries out the right to rent check correctly before the tenancy starts (and conducts follow-up checks on time for time-limited permission), they have a statutory excuse against any civil penalty. This means that even if it later transpires that the tenant did not have the right to rent, the landlord will not be penalised if they can demonstrate they conducted the check properly.

The statutory excuse is the landlord's protection. Without it, the landlord is exposed to the full penalty regime.

Penalties for Non-Compliance

Civil Penalties

A landlord who lets a property to someone without the right to rent, without having a statutory excuse, faces a civil penalty of:

• Up to £5,000 per lodger or up to £10,000 per occupier for a first breach
• Up to £10,000 per lodger or up to £20,000 per occupier for a subsequent breach

These penalties are issued by the Home Office and can be appealed through an objection process and, if necessary, to the county court.

Criminal Liability

The Immigration Act 2016 introduced a criminal offence for landlords who know or have reasonable cause to believe that a tenant does not have the right to rent. This is a higher threshold than the civil penalty (which applies for negligent failure to check) and carries:

• An unlimited fine
• Imprisonment for up to 5 years

The criminal offence targets landlords who deliberately let to tenants they know are in the country illegally, not those who make innocent administrative errors.

Record Keeping

Proper record keeping is what establishes the statutory excuse. Records must be kept for:

• The duration of the tenancy, and
• At least one year after the tenancy ends

What to Record

• The date the check was carried out
• The type of check performed (manual document, online, IDVT)
• Copies of the documents examined (clear copies of relevant pages)
• The online checking service result (screenshot or printout) if applicable
• The date any follow-up check is due
• Records of follow-up checks performed
• Any correspondence with the Home Office Landlord Checking Service

Avoiding Discrimination

The right to rent scheme must be applied equally to all prospective tenants. The Equality Act 2010 prohibits discrimination based on race, nationality, or ethnic origin. To avoid discrimination:

1. Check everyone. Apply the same process to every prospective tenant, regardless of their appearance, accent, name, or perceived nationality.

2. Accept all valid documents. Do not insist on a passport if the tenant provides another acceptable document from the list.

3. Do not make assumptions. A person's appearance or accent tells you nothing about their immigration status. British citizens may not look or sound how you expect, and foreign nationals may have full rights to live and work in the UK.

4. Document your process. Having a standard, written process that you follow for every tenancy demonstrates that you apply the checks consistently and without bias.

The Home Office publishes a Code of Practice on avoiding discrimination when conducting right to rent checks. Landlords should familiarise themselves with this code.

Right to Rent and Digital Verification

The move toward digital checking has accelerated since the end of the Brexit transition period. EU, EEA, and Swiss nationals who have obtained settled or pre-settled status under the EU Settlement Scheme can only prove their status digitally through the Home Office online service. Physical documents such as residence cards are no longer sufficient proof for new checks.

This means landlords must be comfortable using the online checking service and should keep digital records of the results. Maintaining organised, timestamped records of all tenant communications and compliance checks, whether through Togal or another verifiable system, helps ensure that right to rent records are consistent and easily retrievable.

Right to Rent and Other Landlord Obligations

Right to rent checks are one element of the pre-tenancy compliance process. Before a tenancy begins, landlords should also ensure they have:

• Protected any deposit and served the prescribed information (deposit protection guide)
• Obtained and provided a valid gas safety certificate
• Obtained and provided a valid EICR
• Provided a valid EPC
• Provided the How to Rent guide
• Checked any HMO licensing requirements if applicable

Pre-Tenancy Right to Rent Checklist

• Confirm that the right to rent check must be carried out (property is not exempt)
• Identify all adults aged 18+ who will occupy the property
• Obtain original documents or share codes from each occupier
• Verify each document or online result in the presence of the tenant
• Make and retain clear copies of all documents examined
• Record the date of the check on the copies
• Note any follow-up check dates for time-limited permissions
• Set calendar reminders for all follow-up checks
• Store records securely for the tenancy duration plus one year
• Apply the same process consistently to every prospective tenant

Summary

Right to rent checks are a legal requirement for all private landlords in England under the Immigration Act 2014. The check must be carried out before the tenancy begins and must be applied equally to all prospective tenants. Landlords who conduct the checks properly have a statutory excuse that protects them from civil penalties. Those who fail to check face fines of up to £20,000 per tenant, and deliberate non-compliance can result in criminal prosecution. Keep thorough records, use the online checking service where applicable, carry out follow-up checks on time, and apply the process consistently without discrimination.