Right to Rent checks: a landlord's complete guide

What is a Right to Rent check?

A Right to Rent check is a legal requirement under the Immigration Act 2014 that obliges landlords in England to verify that prospective tenants have the legal right to live in the UK before granting them a tenancy. The aim is to prevent people who are in the country unlawfully from accessing private rented housing.

This obligation applies to every new tenancy in England. It does not apply in Scotland, Wales, or Northern Ireland.

Who must carry out the check?

The responsibility falls on the landlord or a person authorised to act on the landlord's behalf, such as a letting agent. If you use an agent, make sure you have written confirmation that they are conducting the checks on your behalf. If they fail to do so, it is still your liability.

When must the check be done?

Before the tenancy begins. You must carry out the check within 28 days before the start of the tenancy. A check done more than 28 days before the start date is not valid.

For occupiers with time-limited permission to be in the UK, you must also carry out follow-up checks before their permission expires. This is crucial. If a tenant's visa or residence permit has an expiry date, you need to re-check before that date arrives.

How to carry out the check

There are three ways to conduct a Right to Rent check:

1. Manual document check

This is the traditional method. You must:

1. Obtain original documents from the tenant (not copies, not photos)
2. Check the documents are genuine in the presence of the holder
3. Make and retain copies (photocopy or scan) of the relevant pages
4. Record the date the check was made

2. Online checking service (share codes)

Tenants with a biometric residence permit (BRP), biometric residence card (BRC), or status under the EU Settlement Scheme can generate a share code at GOV.UK. You then enter the share code and the tenant's date of birth on the employer/landlord checking service to verify their status online.

This is now the preferred method for most checks and is the only way to check the status of EU Settlement Scheme holders.

3. IDVT (Identity Document Validation Technology)

Certified Identity Service Providers (IDSPs) can carry out digital identity checks for British and Irish citizens who hold a valid passport. This is an optional method, not a requirement.

Acceptable documents

The Home Office publishes two lists of acceptable documents:

List A (establishes a permanent or ongoing right):

• UK or Irish passport (current or expired)
• Certificate of registration or naturalisation as a British citizen
• Permanent residence card
• EU Settlement Scheme share code showing settled status

List B (establishes a time-limited right, requiring follow-up checks):

• Current passport with valid visa
• Biometric residence permit (BRP) with expiry date
• EU Settlement Scheme share code showing pre-settled status
• Certificate of application (with positive verification from the Home Office)
• Application Registration Card

If the tenant provides a List A document, you have a continuous statutory excuse for the duration of the tenancy. If they provide a List B document, you must carry out a follow-up check before the document expires, typically every 12 months.

Follow-up checks

If a tenant has time-limited permission (a List B document), you must re-check their status before the expiry date shown on their document or share code. If no expiry date is given, you must re-check within 12 months.

If a follow-up check reveals that the tenant no longer has the right to rent, you must make a report to the Home Office. You do not have to evict the tenant yourself. The Home Office will advise on next steps.

What are the penalties?

The penalties for failing to conduct Right to Rent checks are severe:

The civil penalty is per occupier, not per tenancy. If a property has three adults and you failed to check any of them, you could face up to £9,000 in penalties.

Record keeping

You must retain copies of the documents you checked for at least one year after the tenancy ends. This means:

• Copies of passport pages (the photo page and any pages with visa stamps or endorsements)
• Copies of BRP cards (both sides)
• Screenshots or printouts of online check results
• The date the check was made
• The date any follow-up check is due

Keep these records securely. You will need to produce them if the Home Office asks for evidence that you conducted the check.

Common mistakes

• Checking after the tenancy starts. The check must be done before the tenant moves in, not on the first day.
• Accepting photocopies. You must see the original documents in person (unless using the online service or IDVT).
• Forgetting follow-up checks. If a tenant has time-limited permission, you need to re-check before it expires. Missing this loses your statutory excuse.
• Not checking all occupiers. Every adult aged 18 or over who will live in the property must be checked, not just the lead tenant.
• Discriminating. You must carry out checks on all prospective tenants equally. You cannot check only tenants who "look foreign" or have non-British names. This is unlawful discrimination.

How LetShield helps

LetShield tracks Right to Rent checks per tenant, records the date of the initial check, the document type used, and any follow-up check due date. You will receive automated reminders before follow-up checks are due, so you never lose your statutory excuse. The audit trail provides timestamped evidence of every check you carried out.