Right to Rent Check
A right to rent check is the mandatory verification that landlords in England must carry out — for every adult occupier — to confirm they have lawful immigration status in the UK before granting a tenancy or licence to occupy.
In This Article
- What is a right to rent check?
- Who must be checked?
- Where does right to rent apply?
- How to carry out the check
- Acceptable documents
- Follow-up checks for time-limited tenants
- Penalties for non-compliance
- Frequently asked questions
- Related terms
What Is a Right to Rent Check?
Under the Immigration Act 2014 (amended by the Immigration Act 2016), landlords in England must verify that every adult occupier has lawful immigration status before allowing them to occupy residential premises. This is the right to rent check.
The scheme mirrors the right to work check that employers must carry out, but applies to housing rather than employment. Carrying out the check correctly creates a statutory excuse, protecting the landlord from civil penalties if a tenant is later found to have no immigration status.
The scheme was piloted in the West Midlands in 2014 and rolled out across England in February 2016.
Who Must Be Checked?
Every adult (18+) who will occupy the property as their only or main home, regardless of nationality. This includes:
- The named tenants on the tenancy agreement
- Any other adults who will live at the property (even if not named on the tenancy)
- Lodgers
The same non-discrimination rule applies as with right to work checks: landlords must check all prospective tenants equally. Singling out people who appear to be foreign nationals is race discrimination under the Equality Act 2010.
The check must be done before the tenancy begins, ideally no more than 28 days before the start date.
Where Does Right to Rent Apply?
The scheme applies in England only. It does not extend to Scotland, Wales, or Northern Ireland.
Worth noting: the scheme was challenged in court. In 2019, the High Court ruled that it caused racial discrimination. That ruling was overturned on appeal, and the scheme remains in force across England.
| Country | Right to rent obligation? |
|---|---|
| England | Yes — mandatory since February 2016 |
| Scotland | No |
| Wales | No |
| Northern Ireland | No |
How to Carry Out the Check
Landlords can verify a tenant's right to rent in three ways:
1. Manual document check
The traditional approach. Obtain the original documents from the prospective tenant (from the acceptable documents list below), check they are genuine and match the person presenting them, make a clear copy of the relevant pages, and record the date. Retain copies securely for the duration of the tenancy and for one year after it ends.
2. Online check via share code
For tenants with digital immigration status (eVisa, EU Settlement Scheme, or BRP holders with online status). Ask the tenant to generate a share code at gov.uk/prove-right-to-rent, then enter the code and their date of birth at the online checking service. The system confirms status instantly. Save or print the result as evidence.
Since BRPs expired in December 2024, this is now the most common method for non-British tenants.
3. Home Office Landlord Checking Service
The fallback option. If the tenant cannot provide acceptable documents or a share code (for example, because they have an outstanding immigration application), the landlord can request a check directly from the Home Office. The response will be either a Positive Verification Notice (right to rent confirmed) or a negative result.
Acceptable Documents
List A — Unlimited right to rent (check once only)
- UK or Irish passport (current or expired)
- Certificate of registration or naturalisation as a British citizen
- EU Settlement Scheme share code showing settled status
- Biometric Residence Permit showing indefinite leave
List B — Time-limited right to rent (follow-up check required)
- Biometric Residence Permit with an expiry date
- Current passport with a valid visa
- EU Settlement Scheme share code showing pre-settled status
- Home Office immigration status document with a time limit
- Positive Verification Notice from the Landlord Checking Service
For List B documents, the landlord must carry out a follow-up check before the document (or leave) expires — see below.
Follow-Up Checks for Time-Limited Tenants
When a tenant has time-limited immigration status (List B documents), the landlord's statutory excuse lasts only until the later of:
- 12 months from the date of the initial check, or
- The expiry date of the tenant's leave
Before that date, the landlord must carry out a new check. If the tenant's status has been extended (e.g., via Section 3C leave or a new visa), the statutory excuse continues. If the tenant has no valid status and no pending application, the landlord must report the situation to the Home Office.
Best practice: set a calendar reminder at least 4 weeks before the follow-up check is due.
Penalties for Non-Compliance
| Violation | Maximum penalty |
|---|---|
| Civil penalty per occupier (first offence) | £10,000 |
| Civil penalty per occupier (repeat offence) | £20,000 |
| Criminal offence (knowingly renting to disqualified person) | Unlimited fine + up to 5 years imprisonment |
These civil penalties were significantly increased in February 2024 (previously £3,000 first offence, £10,000 repeat). The criminal offence requires proof that the landlord knew or had reasonable cause to believe the occupier was disqualified, which is a higher bar than the civil penalty.
The flip side: landlords who carry out correct checks and keep the evidence have a statutory excuse and cannot be penalised, even if the tenant's documents later turn out to be fraudulent.
Frequently Asked Questions
Does the right to rent scheme apply in Scotland, Wales, or Northern Ireland?
No. The right to rent scheme applies in England only. It does not extend to Scotland, Wales, or Northern Ireland. Landlords in those nations have no equivalent statutory obligation to check immigration status, though they may choose to do so voluntarily.
Can a letting agent carry out the right to rent check on my behalf?
Yes. A landlord can transfer the right to rent obligation to a letting agent through a written agreement. Once transferred, the agent becomes legally responsible for carrying out the check and faces the penalties if it is not done. Without a written agreement, the landlord retains liability even if an agent is managing the property.
What if a tenant's visa expires during the tenancy?
The landlord must carry out a follow-up check before the tenant's leave expires. If the check reveals the tenant no longer has a right to rent, the landlord should report the situation to the Home Office. Continuing to rent to a person without immigration status after a failed follow-up check removes the landlord's statutory excuse.
Do I need to check lodgers?
Yes — if you are a landlord renting to a lodger in England, the right to rent obligations apply. The same check must be carried out as for any other tenant. The only exemption is if the lodger is a close family member already living in the property.
Related Terms
- Right to Work Check
- Share Code
- eVisa
- Biometric Residence Permit (BRP)
- Section 3C Leave
- Tenancy Deposit Protection
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