Renters' Rights Act 2025, Phase 1 commencement
Transition readiness pack
England

England · Immigration Act 2014 s.22 · List A and List B Documents · Online Home Office Checking Service · Repeat Checks · Statutory Excuse · Civil Penalties up to £20,000 · Criminal Offence · Landlord vs Agent

Right to Rent Checks UK 2026 — Complete Landlord Guide to Documents, Online Service, and the Penalty Regime

Right to Rent checks guide 2026: Immigration Act 2014 s.22; all adult occupiers must be checked before occupation; List A (unlimited right to rent — British passport; settled status; ILR) and List B (time-limited — BRP from 31 Dec 2025 must be verified online via share code; eVisa; time-limited leave); online GOV.UK Home Office checking service mandatory for BRP/eVisa/digital immigration status holders from 31 December 2025; repeat checks for time-limited occupiers; statutory excuse (complete civil penalty defence — requires compliant check before occupation + documented record); civil penalty up to £20,000 per disqualified occupier; criminal offence (up to 5 years) for knowingly letting to disqualified person; landlord vs letting agent responsibility; GDPR retention of documents.

13 min readUpdated 6 June 2026Last reviewed: 17 May 2026right-to-rentimmigration-act-2014right-to-rent-checkslist-a-list-b

Who must check and who must be checked

The Right to Rent obligation falls on the landlord for all English private sector residential lettings. All adults aged 18+ who will occupy as their only or main home must be checked before occupation.

  • Who must conduct the check: the landlord (the grantor of the tenancy or licence); the obligation can be delegated to a letting agent in writing — where the agent agrees in writing to conduct checks, the statutory excuse runs to the landlord if the agent conducts a compliant check
  • Who must be checked: all adults aged 18+ occupying as only or main home — includes non-tenant adult family members, adult lodgers, adult children of tenants; check must be completed before occupation commences
  • Excluded properties: Right to Rent applies only in England; Scotland, Wales, Northern Ireland excluded; social housing, student accommodation (provided by educational institution), care homes, refuges, and employment-tied accommodation are also excluded
  • Letting agent liability: where an agent negligently conducts a non-compliant check, the landlord remains civilly liable for the civil penalty; the landlord may have a contractual claim against the negligent agent

Acceptable documents — List A and List B

List A documents establish unlimited right to rent (no repeat check required). List B documents establish time-limited right to rent (repeat check required). From 31 December 2025, BRP cards cannot be used as standalone evidence — online verification required.

  • List A (unlimited): valid British passport; UK passport endorsed with ILR; EEA passport/national ID card with online verification of Settled Status (EUSS) via share code; certificate of registration/naturalisation as British citizen; UK birth/adoption certificate + NI number evidence
  • List B (time-limited — requires repeat check): valid passport showing time-limited leave within validity; BRP card (from 31 Dec 2025: must be verified via online share code system, not used standalone); eVisa/UKVI online account verified via share code; positive online Home Office check result
  • Online Home Office checking service — mandatory for: EEA nationals with pre-settled/settled status; persons with BRP (from 31 Dec 2025); persons with eVisa/UKVI account; tenant provides share code + date of birth; landlord enters into GOV.UK checking system
  • Three-step process: (1) obtain original documents or share code; (2) check documents are genuine/belong to person/not expired (or verify online); (3) make dated copy or save online check result; must be completed before occupation

Repeat checks and reporting

Where an occupier's right to rent is time-limited, the landlord must conduct a repeat check before the earlier of the leave expiry date or 12 months from the previous check.

  • Timing: repeat check before leave expiry OR 12 months from previous check — whichever is sooner; diarise check date and leave expiry at time of original check
  • When leave has expired: if repeat check shows leave expired and not extended, landlord must report to Home Office within prescribed period; failure to report while continuing to allow occupation can expose landlord to criminal liability
  • Documentation: retain dated copy of repeat check documents or saved online check result; record date of repeat check and date of next required repeat check
  • Losing the statutory excuse: a landlord who fails to conduct a timely repeat check loses the statutory excuse for the period after the check was due

Civil penalties, criminal offences, and the statutory excuse

The civil penalty regime is administered by Home Office (Immigration Enforcement). A compliant check and documented record provides the statutory excuse — a complete civil penalty defence.

  • Civil penalty — first offence: up to £20,000 per disqualified occupier; lower penalty (up to £5,000) for time-limited right to rent not re-checked; right of objection and appeal
  • Repeat offences: maximum penalty per disqualified occupier increases for landlords previously warned or penalised within 3 years
  • Criminal offence: knowingly or with reasonable cause to believe letting to disqualified person — up to 5 years imprisonment and/or unlimited fine; targets deliberate exploitation of irregular migrants
  • Statutory excuse: complete civil penalty defence where compliant check conducted before occupation + dated documentation retained; lost if check not conducted before occupation; check inadequate; documents not verified; or landlord had actual knowledge of disqualification
  • GDPR retention: Right to Rent documents are personal data under UK GDPR; retain for at least 12 months after occupier vacates; do not retain longer than necessary; include in data retention policy

Frequently asked questions

Do I need to check the Right to Rent of all occupiers, including those not on the tenancy agreement?+

Yes. You must check the Right to Rent of all adults aged 18 and over who will occupy the property as their only or main home — regardless of whether they are named on the tenancy agreement. This includes adult family members, adult children, and anyone else living at the property. The check must be completed before the person moves in.

What is the statutory excuse and how does it protect me?+

The statutory excuse is a complete defence against civil penalty liability. If you conduct a compliant Right to Rent check before occupation commences and retain a dated copy of the documents or online check result, you have a statutory excuse even if it later emerges that the occupier provided fraudulent documents or had no right to rent. You lose the excuse if you fail to check before occupation, check inadequately, or had actual knowledge that the occupier was disqualified.

Templates recommended in this guide

ComplianceLS-E-020

Landlord Annual Compliance Checklist

Annual walk-through of every compliance touchpoint: gas, electrical, EPC, smoke/CO, Right-to-Rent, deposit, licensing, database registration.

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