Right to Rent Checks: A Complete Guide for UK Landlords
Right to Rent checks are mandatory for all landlords in England. Fail to carry them out correctly and you risk a civil penalty of up to £10,000 per tenant for a first offence — rising to £20,000 for repeat breaches. Criminal prosecution is also possible in the most serious cases. This guide covers exactly what you need to do, when, and how to keep records that protect you.
What Is Right to Rent?
Under the Immigration Act 2014, all private landlords in England must check that their tenants and any adult occupiers have a legal right to rent property in the UK. The scheme does not apply in Scotland, Wales or Northern Ireland, which have their own separate arrangements.
⚠ Important: You must check EVERY adult who will live in the property — not just those named on the tenancy agreement. If a partner, adult child or flatmate will also be living there, they must be checked too.
When Must Checks Be Done?
The check must be completed before the tenancy begins. You cannot carry it out after the tenant has moved in and be protected. Ideally, conduct the check at the same time as tenant referencing — typically 2–4 weeks before the tenancy start date.
Who Has the Right to Rent?
The following groups have an unlimited right to rent:
- British citizens
- Irish citizens
- Citizens of the Channel Islands and Isle of Man
- People with indefinite leave to remain or settled status under the EU Settlement Scheme
- People with British National Overseas (BNO) status who have been granted indefinite leave to remain
The following groups have a time-limited right to rent (you must re-check when their permission expires):
- People with a visa, leave to enter or remain with an expiry date
- EU, EEA and Swiss citizens with pre-settled status
- People with temporary protection under the Homes for Ukraine or similar schemes
Acceptable Documents
Documents fall into two lists. List A documents give an unlimited right to rent — a single document suffices and no follow-up check is required. List B documents give a time-limited right — you must carry out a follow-up check before the document expires.
List A — Unlimited right to rent (examples)
- UK or Irish passport (current or expired)
- UK birth or adoption certificate plus a document showing National Insurance number
- Certificate of registration or naturalisation as a British citizen
- Settled status under the EU Settlement Scheme (verified via share code)
- Indefinite leave to remain stamp in a passport
List B — Time-limited right to rent (examples)
- Non-UK passport with a valid visa or entry clearance
- Biometric Residence Permit (BRP) with an expiry date
- Pre-settled status under the EU Settlement Scheme (verified via share code)
- Home Office document with a time-limited grant of leave
How to Conduct the Check
There are two ways to carry out a Right to Rent check:
Option 1 — Manual document check
- Check the documents in person (or via live video call)
- Verify the documents are genuine and the person is who they claim to be
- Make clear copies of all pages containing photographs, biometric data, expiry dates and stamps
- Record the date the check was conducted
- Sign and date the copies
Option 2 — Online right to rent check (Home Office service)
For people who have their immigration status recorded digitally (most EU citizens and many others), you can use the Home Office online checking service. The tenant provides you with a share code, which you enter along with their date of birth. The service confirms their right to rent status in real time.
✓ Prefer the online check where possible: It's faster, more reliable, and the share code result counts as evidence of a check even if the person's status later changes.
Follow-Up Checks for Time-Limited Permission
If a tenant has a time-limited right to rent, you must carry out a follow-up check before their permission expires. The follow-up check should be done as close as possible to the expiry date — you do not need to check 12 months before, only before the actual expiry.
If the tenant cannot demonstrate a continued right to rent at the follow-up check, you should contact the Home Office Landlord Checking Service. You are not required to evict the tenant yourself — the Home Office will advise on the appropriate action.
Keeping Records
Keep copies of all documents (or share code check results) for:
- The duration of the tenancy
- Plus 12 months after the tenancy ends
You should also record the date the check was carried out. If you ever face a penalty notice, these records are your primary defence — they demonstrate you carried out the check in good faith.
✓ OwnProperly: The Right to Rent tab in each property records document type, check date, expiry date and follow-up date. You'll receive automatic alerts before time-limited permissions expire, giving you time to re-check before you lose statutory protection.
The Penalty If You Get It Wrong
- First offence: Civil penalty up to £10,000 per tenant without the right to rent
- Repeat offence: Civil penalty up to £20,000 per tenant
- Knowing offence: Criminal prosecution — up to 5 years in prison
- Statutory excuse: If you carried out the check correctly and kept records, you have a statutory excuse and cannot be penalised even if the tenant was not entitled to rent
Track Right to Rent checks automatically
OwnProperly logs document types, check dates and expiry alerts per tenant — so you never miss a follow-up check or lose your statutory excuse.
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