Every adult occupier must be checked before a private residential tenancy begins in England. This guide covers who to check, which documents to accept, how to use the Home Office online service, and the penalties for getting it wrong.
England only. Right to Rent currently applies in England only. If you let property in England to a tenant you have not checked, you are at risk regardless of the tenant's actual immigration status.
Right to Rent was introduced by the Immigration Act 2014 and extended to all of England from February 2016. It requires landlords and letting agents to check that every adult occupier of a private rented property has the legal right to rent residential property in England.
The scheme is enforced through a civil penalty regime — landlords who let to someone without the right to rent face significant financial penalties. Where the landlord knew or had reasonable cause to believe a tenant lacked the right to rent, criminal charges apply.
Not sure if your Right to Rent records are in order? Our £88 audit checks all compliance documentation.
£88 Compliance Audit Landlord Compliance Management →The Right to Rent obligation applies to every adult aged 18 or over who will occupy the property as their only or main home. This includes:
Children under 18 do not need to be checked.
Right to Rent applies to private residential tenancies in England. It covers:
It does not apply to social housing, student accommodation provided by educational institutions, or holiday lets.
Right to Rent checks apply in England only. Scotland, Wales, and Northern Ireland have separate rules. If you let property in England to a tenant you have not checked, you are at risk regardless of the tenant's actual immigration status.
The manual check involves three steps:
| List | Documents | Follow-up check required? |
|---|---|---|
| List A — Group 1 | UK/Irish passport or passport card; UK birth or adoption certificate + NI number evidence | No — unlimited right to rent |
| List A — Group 2 | EEA/Swiss national ID card (pre-settled status holders); certificate of naturalisation; registration certificate | No — unlimited right to rent |
| List B | Biometric residence permit; visa with time-limited leave; Certificate of Application; Home Office document | Yes — check must be repeated before permission expires |
Since 1 October 2022, EEA and Swiss nationals must demonstrate their immigration status through the EU Settlement Scheme (settled or pre-settled status) or a valid visa. An EEA passport alone is no longer sufficient for a Right to Rent check.
Tenants with a biometric residence permit, eVisa, or digital immigration status cannot show their status in a physical document. They must use the Home Office online service to share a 'share code' with the landlord.
The landlord goes to gov.uk/view-right-to-rent, enters the share code and the tenant's date of birth, and the service confirms whether the tenant has the right to rent. The landlord must print or save the result and record the date of the check.
A share code is valid for 90 days. The check must be completed within that window.
| Requirement | Detail |
|---|---|
| Before tenancy begins | Check must be completed before the tenancy start date — not on the day |
| All adult occupiers | Every adult who will live there must be checked, not just the lead tenant |
| New occupiers | If additional adults move in during the tenancy, check them before they move in |
| Renewals | A check at the start of the original tenancy covers renewal — repeat checks only needed for List B tenants |
For List A documents, keep copies for the duration of the tenancy plus one year after it ends.
For List B documents, keep copies and carry out repeat checks before the tenant's permission expires. Record the date of every check.
Records should be kept securely. They contain personal data and are subject to UK GDPR.
Tenants with time-limited permission to be in the UK (List B documents) require follow-up checks. The follow-up check must be carried out before the earlier of:
If a follow-up check reveals that a tenant's permission has expired and has not been renewed, the landlord should contact the Home Office Landlord Checking Service (LCS) for advice. The landlord has a defence against civil penalty if they have reported the situation to the Home Office and followed its instructions.
Do not take action to evict a tenant simply because their Right to Rent check has expired without first contacting the Home Office Landlord Checking Service. Taking unlawful eviction action exposes you to a separate and serious criminal liability under the Protection from Eviction Act 1977.
| Breach | Maximum civil penalty |
|---|---|
| First breach — letting to someone without right to rent | £5,000 per tenant |
| Repeat breach | £10,000 per tenant |
| Breach in an HMO | Penalty applies per occupier |
A landlord has a complete defence against civil penalty if they carried out the check correctly, kept the records, and were not on notice that the documents were false. Carrying out checks properly and keeping records is not just good practice — it is the legal defence.
Where a landlord knew or had reasonable cause to believe that a tenant had no right to rent, criminal charges apply under section 33A of the Immigration Act 2014 (as inserted by the Immigration Act 2016):
If a letting agent manages the property and the landlord and agent have a written agreement that the agent will carry out Right to Rent checks, liability for civil penalties transfers to the agent. The agreement must be in writing and must specify that the agent is responsible for Right to Rent checks. A general management agreement does not automatically transfer liability.
If you use Neon's landlord compliance management service, we confirm the scope of Right to Rent responsibilities in writing at the outset of the instruction.
Does Right to Rent apply to British citizens?
Yes. The check applies to all adult occupiers regardless of nationality. A British citizen satisfies the check by producing a valid UK passport or, if they do not have a passport, a UK birth or adoption certificate combined with evidence of their National Insurance number.
What if the tenant does not have any of the acceptable documents?
If a prospective tenant cannot produce any document from List A or List B, contact the Home Office Landlord Checking Service before proceeding. The LCS can confirm whether the individual has the right to rent. If the LCS confirms they do not have the right to rent, you cannot let to them.
Can I carry out the check by video call?
No. Temporary measures introduced during the COVID-19 pandemic that allowed video checks ended on 30 September 2022. For manual document checks, original documents must be inspected in person. Alternatively, landlords can use the online checking service, which does not require a physical meeting.
Do I need to check existing tenants again when renewing a tenancy?
For tenants with unlimited right to rent (List A documents), the check carried out at the start of the original tenancy remains valid for the duration of any renewal or periodic tenancy. You do not need to repeat the check. For tenants with time-limited permission (List B), follow-up checks must be carried out before their permission expires.
My tenant's visa has expired during the tenancy. What do I do?
Contact the Home Office Landlord Checking Service immediately. Do not attempt to evict the tenant without following the correct legal process. The LCS will advise on whether the tenant has applied to extend their permission and what steps you should take. Acting on the LCS guidance gives you a defence against civil penalty.
Does Right to Rent apply in Scotland, Wales, or Northern Ireland?
No. Right to Rent currently applies in England only. The scheme has not been extended to Scotland, Wales, or Northern Ireland.
What records do I need to keep?
Keep a clear copy of every document checked, the date of the check, and the date any follow-up check is due. For online checks, keep a copy of the result page. Records must be kept for the duration of the tenancy plus one year after it ends. They are personal data under UK GDPR and must be stored securely.
Our landlord compliance management service covers Right to Rent record-keeping, tenancy documentation, and full regulatory compliance — so you don't have to track it yourself.
This website uses cookies. By continuing to use this site, you accept our use of cookies. Learn more
