Landlord Compliance

Right to Rent Checks:
Your Legal Obligations

Every landlord in England must carry out Right to Rent checks before granting a tenancy. Failure to comply can result in civil penalties of up to £20,000 per occupier — or criminal prosecution. PDA Law helps landlords understand and meet their obligations.

Speak to a Landlord Solicitor01244 757 352

What is the Right to Rent Scheme?

The Right to Rent scheme was introduced by the Immigration Act 2014 and requires all private landlords in England to check that prospective tenants and any other adult occupiers have the legal right to live in the UK before granting a tenancy.

The scheme applies to all new private residential tenancies in England. It does not currently apply in Scotland, Wales, or Northern Ireland, where separate rules apply.

Checks must be carried out for all adult occupiers aged 18 and over — not just the named tenant. This includes any adults who will be living at the property, even if they are not party to the tenancy agreement.

Who Must Carry Out the Checks?

The landlord is legally responsible for ensuring Right to Rent checks are carried out. If you use a letting agent, you can delegate this responsibility to them — but only if you have a written agreement in place confirming the agent will carry out the checks on your behalf. Even then, you remain liable if the checks are not done correctly.

PDA Law advises landlords to keep clear records of all checks carried out, including copies of documents checked and the dates on which checks were performed.

How to Carry Out a Right to Rent Check

  1. 1Obtain original documents from the prospective tenant (see acceptable documents list below)
  2. 2Check the documents are genuine, belong to the person presenting them, and allow them to live in the UK
  3. 3Make and retain copies of the documents (both sides if applicable)
  4. 4Record the date on which the check was carried out
  5. 5If the right to rent is time-limited, diarise a follow-up check before the expiry date

Acceptable Documents

List A — Unlimited Right to Rent

  • UK or Irish passport
  • UK birth or adoption certificate + NI number evidence
  • Certificate of registration or naturalisation as a British citizen
  • EU Settlement Scheme (settled status) — via Home Office online service

List B — Time-Limited Right to Rent

  • Biometric Residence Permit with permission to live in UK
  • EU Settlement Scheme (pre-settled status) — via Home Office online service
  • Passport with valid visa/leave to remain
  • Home Office document confirming right to rent

Speak to a Landlord Solicitor

Get clear advice on your Right to Rent obligations and how to protect yourself from penalties.

Make an Enquiry01244 757 352

Penalties for Non-Compliance

  • Up to £20,000 per occupier (first breach)
  • Unlimited fines for repeat breaches
  • Criminal prosecution in serious cases
  • Up to 5 years imprisonment for knowingly letting to disqualified persons

Related Services

Penalties for Non-Compliance

Up to £20,000
Civil Penalty — First Breach

Per occupier found to be living in the property without the right to rent, where no check was carried out.

Unlimited
Civil Penalty — Repeat Breach

For landlords who have previously received a civil penalty notice and continue to breach the scheme.

Up to 5 Years
Criminal Prosecution

For landlords who knowingly let to a person who is disqualified from renting by reason of their immigration status.

Frequently Asked Questions

What is the Right to Rent scheme?
The Right to Rent scheme requires landlords in England to check that all adult occupiers have the legal right to live in the UK before granting a tenancy. It was introduced under the Immigration Act 2014 and applies to all private residential tenancies in England.
Who must carry out Right to Rent checks?
The landlord is legally responsible for carrying out Right to Rent checks. If you use a letting agent, you can delegate this responsibility to them in writing — but you remain liable if checks are not carried out correctly.
What documents are acceptable for a Right to Rent check?
Acceptable documents include a UK or Irish passport, a Biometric Residence Permit, a share code from the Home Office online checking service (for those with settled or pre-settled status), or other documents listed in the Home Office guidance. The list is divided into List A (unlimited right to rent) and List B (time-limited right to rent).
What are the penalties for failing to carry out Right to Rent checks?
Landlords who fail to carry out checks or who knowingly let to someone without the right to rent face civil penalties of up to £20,000 per occupier for a first breach, rising to unlimited fines for repeat breaches. Criminal sanctions can also apply in serious cases.
Do Right to Rent checks apply to all tenancies?
Right to Rent checks apply to most private residential tenancies in England. They do not apply in Scotland, Wales, or Northern Ireland. Certain accommodation types are exempt, including social housing, student accommodation provided by educational institutions, and holiday lets.
What happens if a tenant's right to rent is time-limited?
If a tenant has a time-limited right to rent (List B documents), you must carry out a follow-up check before their permission expires. If you carry out the follow-up check and the tenant no longer has the right to rent, you must notify the Home Office and take steps to end the tenancy.
Can I use the Home Office online checking service?
Yes. For tenants with a Biometric Residence Permit, EU Settlement Scheme status, or certain other immigration statuses, you can use the Home Office's online right to rent checking service. The tenant provides you with a share code, which you use alongside their date of birth to verify their status.

Need Help with Right to Rent Compliance?

PDA Law's landlord solicitors can advise on your obligations, help you set up compliant processes, and represent you if you receive a penalty notice.

Make an Enquiry01244 757 352