Landlords in England face strict legal obligations to ensure that any adult tenant occupying their private rented property has the legal right to reside in the UK. This process, known as right to rent checks, is a mandatory requirement under the Immigration Act 2014. Failing to conduct these checks properly can lead to severe civil penalties, which have recently increased significantly, or even criminal prosecution in serious cases. This guide provides a practical, step-by-step workflow for landlords, letting agents, and property managers to remain compliant.
This guide is accurate as of May 2026. Because immigration rules and acceptable document lists are subject to change by the Home Office, readers should always consult the latest official government guidance before finalizing any tenancy agreements. For a broader overview of your legal responsibilities, you can read our guide on Landlord compliance basics.
Understanding the Legal Framework
The Right to Rent scheme was introduced to prevent individuals without legal immigration status from accessing private rental accommodation. Under Section 22 of the Immigration Act 2014, a landlord must not enter into a residential tenancy agreement that authorizes the occupation of premises by an adult who is disqualified from renting due to their immigration status.
It is important to note that these regulations apply specifically to residential tenancies in England. They do not currently apply in Scotland, Wales, or Northern Ireland. Any right to rent check landlord must understand that the obligation applies to all residential agreements where a person is renting the property as their main or only home. This includes tenancies, sub-tenancies, leases, and licenses to occupy, regardless of whether the agreement is written or oral.
Who Must Be Checked?
A common misconception is that landlords only need to check tenants who are not British citizens or those who appear to be from overseas. To avoid claims of unlawful discrimination, landlords must check all adult occupiers who will use the property as their main or only home, regardless of their nationality or origin. The Home Office has published a strict Home Office Code of Practice on Right to Rent to help landlords avoid unlawful discrimination when conducting these checks.
You must check every adult aged 18 or over who will live in the property, even if they are not named on the tenancy agreement. This includes children who turn 18 during the course of the tenancy, although you only need to check them when their right to rent is due for a follow-up check or when the tenancy is renewed.
To determine if a property is an occupier's main or only home, landlords should consider whether they live there for the majority of their time, whether their personal belongings are kept there, and whether they are registered to vote or receive mail at the address.
The Three-Step Manual Check Workflow
For tenants who do not have access to the digital share code system, landlords must perform a manual check of physical documents. The Home Office outlines a clear three-step process to establish a statutory excuse against a civil penalty: Obtain, Check, and Copy.
1. Obtain
You must obtain original, valid right to rent documents from the prospective tenant. You cannot accept photocopies, digital scans, or photographs of documents for a manual check. The tenant must be physically present with their original documents.
2. Check
You must check the validity of the documents in the presence of the holder. This can be done in person or via a live video link, but you must hold the physical, original documents in your hand during the video call. When checking the documents, you must verify that:
- The documents are genuine and have not been tampered with.
- The photographs and dates of birth are consistent with the appearance of the tenant.
- The names match across all documents (if there is a name change, you must request supporting evidence such as a marriage certificate or deed poll).
- Any expiry dates for permission to be in the UK have not passed.
3. Copy
You must make a clear, unalterable copy of the documents and record the date on which the check was made. You should copy:
- Any pages containing the holder's personal details, photograph, signature, nationality, and biometric details.
- Any pages containing entry clearance visas, stamps, or endorsement details.
- The front cover of the document if it is a passport.
These copies must be kept securely for the duration of the tenancy and for at least one year after the tenancy ends. After this period, they must be securely destroyed in compliance with data protection laws.
Accepted Right to Rent Documents
The Home Office categorizes acceptable right to rent documents into two main groups: List A and List B. Understanding these lists is essential for any landlord verifying a tenant's status.
List A: Continuous Right to Rent
Documents in List A prove that the holder has an indefinite right to rent in the UK. Once you have successfully checked these documents, you do not need to perform any follow-up checks for the duration of the tenancy. List A is divided into two groups:
- Group 1: Single documents that establish a continuous right. Examples include a valid British or Irish passport, or an active certificate of registration or naturalization as a British citizen.
- Group 2: A combination of two documents from a specified list. This is often used for tenants who do not hold a passport. Examples include a full UK driving license combined with a utility bill, a letter from a UK government department, or a recent bank statement.
List B: Time-Limited Right to Rent
Documents in List B prove that the holder has a temporary, time-limited right to rent in the UK. If a tenant provides documents from List B, you must conduct a follow-up check to maintain your statutory excuse. The follow-up check must be conducted at the later of:
- One year from the date of the previous check.
- The date the tenant's permission to stay in the UK expires.
Examples of List B documents include a valid passport containing a visa or stamp showing a limited period of stay, or a travel document issued by the Home Office showing limited permission to remain.
Digital Checks and the Right to Rent Share Code
For many non-UK citizens, physical documents are no longer issued. The UK government has transitioned to a digital-first immigration system, utilizing eVisas and online records. In these cases, landlords must use the online checking service rather than performing a manual check.
To conduct an online check, the prospective tenant must generate a right to rent share code using the GOV.UK View a Tenant's Right to Rent service. The tenant will provide you with this share code along with their date of birth.
As a landlord, you must then enter these details into the official GOV.UK Landlord's Guide to Right to Rent Checks online portal. This will display a profile page containing the individual's photograph and details of their right to rent. You must verify that the photograph on the screen matches the person standing in front of you (or on a live video link). To secure your statutory excuse, you must download and save a PDF copy of the online check profile page, recording the date the check was completed.
It is important to note that landlords cannot require British or Irish citizens to use the online service, as they do not hold share codes. For these individuals, manual checks remain the standard procedure.
Record Keeping and the Statutory Excuse
Establishing a statutory excuse is your primary defense against a civil penalty if a tenant is later found to be renting illegally. To maintain this excuse, you must demonstrate that you conducted the checks correctly before the tenancy began, and that you carried out timely follow-up checks for any tenants with time-limited rights.
All records must be kept in accordance with the UK General Data Protection Regulation (GDPR). This means storing copies of passports, visas, and share code profiles securely, restricting access to authorized individuals, and ensuring they are destroyed exactly twelve months after the tenancy has officially terminated.
If a follow-up check reveals that a tenant no longer has the right to rent, you must report this to the Home Office immediately using the online reporting tool. Failing to report a tenant who has overstayed their visa will invalidate your statutory excuse and could lead to prosecution.
Penalties for Non-Compliance
The consequences of failing to carry out proper right to rent checks are severe. In February 2024, the Home Office introduced a dramatic increase in civil penalties for landlords and letting agents who breach the regulations.
For a first breach, the maximum civil penalty rose from £80 per lodger and £1,000 per occupier to up to £10,000 per occupier. For repeat breaches, the penalty increased from £500 per lodger and £3,000 per occupier to up to £20,000 per occupier. These fines are designed to act as a powerful deterrent against non-compliance.
In addition to civil penalties, landlords can face criminal prosecution if they know, or have reasonable cause to believe, that they are letting a property to someone who does not have the right to rent in the UK. Criminal penalties can include an unlimited fine and up to five years in prison.
Summary of Landlord Best Practices
To ensure complete compliance and protect your property business, consider implementing the following best practices:
- Standardize the process: Apply the same check procedure to every single adult occupier to prevent discrimination claims.
- Check before signing: Always complete the right to rent checks before signing the tenancy agreement or handing over the keys.
- Set calendar reminders: If a tenant has a time-limited right to rent, set multiple calendar alerts well in advance of the expiry date to ensure you perform the follow-up check on time.
- Train your staff: If you employ property managers or letting agents, ensure they are fully trained on the latest Home Office guidance and understand how to verify both physical documents and digital share codes.
- Keep detailed logs: Maintain a compliance log showing when checks were completed, who performed them, and where the secure copies are stored.