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

England · Immigration Act 2014 · Right to Rent

Right to Rent Checks — A Complete Landlord Guide for 2026

All landlords in England must conduct right to rent checks before every tenancy. This guide explains who must be checked, how to check them, how to use the Home Office online service, and the penalties for getting it wrong in 2026.

9 min readUpdated 10 June 2026Last reviewed: 17 May 2026Right to RentImmigrationLandlord ChecksHome Office

The right to rent scheme, introduced under the Immigration Act 2014, requires all landlords in England to check that every adult occupying their property has the legal right to rent residential property in England before the tenancy starts. Failure to comply can result in civil penalties of up to £20,000 per occupant (higher for repeat offences) or criminal prosecution. Understanding who must be checked, how to check them, and how to maintain the required records is essential for every English landlord in 2026.

Key rule

You must check EVERY adult (18+) who will occupy the property as their only or main home — not just the named tenant. Check BEFORE the tenancy starts. Keep documentary evidence of the check for the duration of the tenancy plus one year.

Who is covered by right to rent rules?

Right to rent rules apply to landlords letting residential property in England under an assured, short assured, or licence agreement to adult occupants who will use the property as their only or main home. The rules apply to:

  • All adults named as tenants on the tenancy agreement
  • All other adults who will occupy the property, including adult family members, adult children, live-in partners, and any other person aged 18 or over who will use the property as their main home
  • Permitted occupiers: Adults who are permitted occupiers under the tenancy agreement (e.g. family members of the tenant) must also be checked

Who has the right to rent?

  • British nationals: Unlimited right to rent. Must be checked by manual document inspection or IDVT
  • Irish nationals: Unlimited right to rent under the Common Travel Area. Check by passport or national identity card
  • EEA/Swiss nationals with EU Settlement Scheme status (settled status): Unlimited right to rent. Check by Home Office online service using share code
  • EEA/Swiss nationals with pre-settled status: Time-limited right to rent. Must be rechecked before their pre-settled status expires
  • Non-EEA nationals with leave to remain: Time-limited right to rent (e.g. Tier 4/Student visa, Skilled Worker visa). Check by Home Office online service or relevant original document
  • Persons with no leave: No right to rent. You must not let to them

How to check — method depends on nationality

British and Irish nationals: manual or IDVT

For British and Irish nationals, landlords can use either:

  1. Manual document check: Inspect an original UK or Irish passport (or birth certificate plus proof of National Insurance number). Take a clear copy and record the date of inspection. The copy must be retained for the duration of the tenancy plus one year
  2. IDVT provider check: Use a government-certified Identity Document Validation Technology provider to check the British or Irish passport digitally. The IDVT provider produces a digital record. This is recommended over manual checks as it is more fraud-resistant and produces a better audit trail

Non-British/non-Irish nationals: Home Office online service

For most non-British and non-Irish nationals, the right to rent check must be done via the Home Office online checking service:

  1. Ask the tenant to generate a share code: The tenant accesses the UK Visas and Immigration service at gov.uk/prove-right-to-rent and generates a share code. Share codes are valid for 90 days from generation
  2. Check the share code at gov.uk/landlords-right-to-rent-checks: Enter the tenant's share code and date of birth. The service returns the tenant's right to rent status, any time limit on their right to rent, and a digital record of the check
  3. Record and retain the result: Save or print the digital result. It constitutes your statutory excuse (protection against civil penalty) for the duration shown, or indefinitely if the right to rent is unlimited
  4. Set a follow-up reminder for time-limited rights: If the tenant's right to rent is time-limited (e.g. student visa, pre-settled status), diarise the expiry date. You must conduct a follow-up check before the right expires

What provides a statutory excuse?

A statutory excuse protects you from civil penalty even if the occupant later turns out not to have had the right to rent, provided you followed the correct checking process in good faith. Statutory excuse is provided by:

  • A clear copy of an original acceptable document showing the right to rent (manual check)
  • IDVT provider confirmation for British/Irish nationals
  • A positive result from the Home Office online checking service (using the share code)

Penalties for non-compliance

  • Civil penalty — first breach: Up to £20,000 per occupant where the landlord has not previously been penalised
  • Civil penalty — repeat breach: Up to £20,000 per occupant (higher where aggravating factors apply). Repeat offenders can face higher penalties per the civil penalty code
  • Criminal offence — landlord knew: Where the landlord knew or had reasonable cause to believe the occupant did not have the right to rent, this is a criminal offence with an unlimited fine and up to 5 years' imprisonment
  • Banning order: Serious or repeat offences may result in a landlord banning order

Record-keeping requirements

  • Retain document copies (manual checks) or digital records (IDVT/online checks) for the entire duration of the tenancy
  • Retain records for 1 year after the tenancy ends
  • Store records securely in compliance with UK GDPR — right to rent records are personal data
  • For time-limited rights to rent, diarise the expiry date and conduct a follow-up check in advance of expiry

Frequently asked questions

Who must a landlord check under right to rent rules?+

Landlords must check every adult (aged 18 or over) who will occupy the property as their only or main home, regardless of whether they are named as a tenant on the agreement. This includes adult family members, adult children living with tenants, and any other adult occupiers.

What happens if I fail to do a right to rent check?+

Failing to conduct a right to rent check, or letting to a person without the right to rent in England, is a civil offence with a penalty of up to £20,000 per occupant for a first breach (or higher where the landlord has been previously penalised). Where the landlord knew the occupant did not have the right to rent, it is a criminal offence with an unlimited fine and up to 5 years' imprisonment.

Can I use the Home Office online service for right to rent checks?+

Yes. The Home Office online right to rent checking service (using the tenant's share code) is the required method for most non-British and non-Irish nationals who have an eVisa, biometric residence permit, or status under the EU Settlement Scheme. You enter the share code at gov.uk/prove-right-to-rent and receive a digital record of the check. Share codes are valid for 90 days from generation.

Do I need to check British nationals?+

Yes. British and Irish nationals have an automatic right to rent in England, but landlords must still verify their status before the tenancy starts. This is done by manual document check (e.g. UK passport, birth certificate plus proof of NI number) or via a certified Identity Document Validation Technology (IDVT) provider. IDVT checks are the recommended route for British nationals as they produce a digital audit trail.

Templates recommended in this guide

TenancyLS-E-001

Periodic Assured Tenancy Agreement

The new default English tenancy from 1 May 2026. Periodic from day one, with the prescribed written statement of terms built in. Ships with the Form 4A rent-increase notice template and an Information Sheet delivery acknowledgement form so a buying landlord has every Phase-1 compliance document in one pack.

£29
Live now

Found a gap or disagree with something?

Reply to any LetSafe email or write to Richard@letsafeuk.co.uk. We rewrite guides when we get something wrong, the sooner we hear, the sooner we fix it.

Related landlord guides

Hand-picked by topic overlap with this guide.

England · Pillar guide
What changes on 1 May 2026: the Renters' Rights Act Phase 1 commencement
The single biggest shake-up of English private renting in 40 years. Here is what commences on 1 May 2026, what it means for your tenancy, and the paperwork you need ready.
England · Renters' Rights Act 2025 · Tenancy Agreements
Periodic Assured Tenancy Agreements — A Complete Landlord Guide for 2026
From 1 May 2026, all new private residential tenancies in England must be Periodic Assured Tenancy Agreements. This guide explains what a PAT is, how it differs from a fixed-term AST, and what every landlord needs to know before letting.
England · Tenant Fees Act 2019 · Prohibited Payments
Tenant Fees Act 2019 — What Landlords Can and Cannot Charge in 2026
The Tenant Fees Act 2019 strictly limits what landlords can charge tenants. This guide explains permitted payments, prohibited fees, holding deposit rules, deposit caps, and the penalties for non-compliance in 2026.