Landlord Compliance — England

Right to Rent Checks:
Step-by-Step Guide for Landlords

Every landlord in England must check that all adult occupiers have the legal right to rent before granting a tenancy. This guide explains exactly how to carry out a Right to Rent check, which documents to accept, how to use the Home Office online service, and what happens if you get it wrong.

Speak to a Landlord Solicitor01244 757 352

Key rule: Right to Rent checks must be carried out before the tenancy starts, for all adult occupiers aged 18+. Checks apply to private residential tenancies in England only — not Scotland, Wales or Northern Ireland.

How to Carry Out a Right to Rent Check

1

Request Original Documents

Ask all adult occupiers (aged 18+) to provide original documents before the tenancy starts — no more than 28 days before the start date.

2

Verify the Documents

Check documents are genuine, belong to the person presenting them, and show the right to live in the UK. Check expiry dates carefully.

3

Make Copies

Copy all documents (both sides if applicable). For passports, copy the photo page and any relevant visa pages.

4

Record the Date

Record the date you carried out the check. This is essential for your statutory excuse if challenged later.

5

Diarise Follow-Up Checks

For List B (time-limited) documents, set a reminder to carry out a follow-up check before the permission expires.

Using the Home Office Online Checking Service

For tenants with Biometric Residence Permits, EU Settlement Scheme status, or certain other digital immigration statuses, you must use the Home Office online checking service — you cannot accept physical documents for these groups.

1

Tenant Generates Share Code

The tenant logs into the Home Office online service and generates a 9-character share code. Share codes are valid for 90 days.

2

Landlord Checks Online

You enter the share code and the tenant's date of birth on the Home Office website to view their immigration status.

3

Verify Identity

You must still verify the tenant's identity in person or via video call — check their face matches the photo on the online profile.

4

Save the Result

Save or print the online check result. This is your evidence of the check and provides a statutory excuse.

Acceptable Documents

List A — Unlimited Right to Rent

One document from this list is sufficient. No follow-up check required.

  • UK or Irish passport (current or expired)
  • UK birth or adoption certificate + NI number evidence
  • Certificate of registration or naturalisation as British citizen
  • EU Settlement Scheme settled status (online check)
  • Indefinite leave to remain (BRP or online)
  • No time limit on leave to remain (passport endorsement)

List B — Time-Limited Right to Rent

Follow-up check required before permission expires.

  • Biometric Residence Permit with time-limited leave
  • EU Settlement Scheme pre-settled status (online check)
  • Passport with current leave to enter/remain
  • Home Office document confirming time-limited right to rent
  • Certificate of Application (EU/EEA) + Home Office verification

What if a Tenant Cannot Provide Documents?

If a prospective tenant cannot provide acceptable documents, you can contact the Home Office Landlord Checking Service to request a Right to Rent check. The Home Office will respond within 2 working days confirming whether the person has the right to rent.

If the Home Office confirms the person has the right to rent, you have a statutory excuse for 12 months (or until their permission expires, if sooner). If the Home Office cannot confirm the right to rent, you should not let the property to that person.

Penalties for Non-Compliance

Up to £20,000
Civil Penalty — First Breach

Per occupier found to be renting 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 and continue to breach the scheme.

Up to 5 Years
Criminal Prosecution

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

The Statutory Excuse — Your Protection

If you carry out a Right to Rent check correctly and in good faith, you have a statutory excuse against a civil penalty — even if the tenant later turns out not to have the right to rent.

The statutory excuse applies if you: checked the correct documents, made copies, recorded the date, and had no reasonable cause to believe the documents were false. This is why keeping accurate records is essential.

Need Help with Right to Rent?

PDA Law advises landlords on Right to Rent obligations, helps set up compliant processes, and represents landlords who receive penalty notices.

Make an Enquiry01244 757 352

Quick Reference

  • Who must check?All private landlords in England
  • When to check?Before tenancy starts (max 28 days before)
  • Who to check?All adult occupiers aged 18+
  • Records to keep?Tenancy duration + 12 months after
  • Applies in Wales?No — England only

Related Guides

Location-Specific Advice

Frequently Asked Questions

When must I carry out a Right to Rent check?
You must carry out a Right to Rent check before the tenancy begins — not after. The check must be completed for all adult occupiers aged 18 and over, not just the named tenant. You should carry out the check no more than 28 days before the tenancy start date.
What is the Home Office online Right to Rent checking service?
The Home Office online checking service allows landlords to verify the Right to Rent status of tenants who have a Biometric Residence Permit, EU Settlement Scheme status, or certain other digital immigration statuses. The tenant generates a share code, which you use alongside their date of birth to check their status online. This provides a statutory excuse against a civil penalty.
What is a Right to Rent share code?
A share code is a 9-character code generated by the tenant through the Home Office's online service. It allows the landlord to view the tenant's immigration status and Right to Rent status online. Share codes are valid for 90 days. You must check the share code alongside the tenant's date of birth and verify their identity in person or via video call.
Can I carry out Right to Rent checks by video call?
Yes. The Home Office introduced a temporary adjusted checking process during the pandemic, and a permanent digital verification scheme is now available. You can use a certified Identity Service Provider (IDSP) to carry out digital identity checks for British and Irish citizens. For other nationalities, you should use the Home Office online checking service or check original documents in person.
What records must I keep after a Right to Rent check?
You must keep copies of all documents checked (both sides if applicable) and a record of the date on which the check was carried out. Records must be kept for the duration of the tenancy and for 12 months after it ends. If you used the online checking service, keep a copy of the online check result.
What is a follow-up Right to Rent check?
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. The follow-up check must be carried out within 28 days before the expiry date. If the follow-up check shows the tenant no longer has the right to rent, you must notify the Home Office and take steps to end the tenancy.
Does a Right to Rent check give me a statutory excuse?
Yes — if you carry out a check correctly and in good faith, you have a statutory excuse against a civil penalty even if the tenant later turns out not to have the right to rent. The statutory excuse applies if you checked the correct documents, made copies, and recorded the date. It does not apply if you had reasonable cause to believe the documents were false.

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 from the Home Office.

Make an Enquiry01244 757 352