The most common Right to Rent civil penalty is for missing a follow-up check because no diary reminder was set at the initial check. When you carry out an initial check for a tenant on time-limited leave, record the follow-up date immediately — either when the document expires or 12 months from the check date, whichever is later.
Why follow-up checks matter
The initial Right to Rent check before a tenancy starts gives the landlord a statutory excuse against a civil penalty for the period covered by the check. For tenants with no time limit on their right to be in the UK, this excuse continues indefinitely. For tenants with time-limited leave, the excuse ends at the follow-up check date. After that date, the landlord must conduct a fresh check to maintain their excuse. A landlord who misses the follow-up check date and continues letting loses their statutory excuse from that point forward — the civil penalty risk reverts to active.
Which documents require a follow-up check?
| Document type | Follow-up required? | When to follow up |
|---|---|---|
| UK/Irish passport | No — unlimited right | No follow-up needed |
| EU Settlement Scheme — Settled Status | No — unlimited right | No follow-up needed |
| EU Settlement Scheme — Pre-Settled Status | Yes — time-limited | 12 months after initial check or when status expires |
| Biometric Residence Permit (BRP) with expiry date | Yes | When BRP expires or 12 months after check (later of the two) |
| Skilled Worker or other work visa vignette | Yes | When leave expires or 12 months after check |
| Student visa | Yes | When leave expires or 12 months after check |
| Refugee travel document (time-limited) | Yes | When document expires or 12 months after check |
| Home Office ILR document (indefinite leave) | No — unlimited right | No follow-up needed |
How to conduct a follow-up check
- Set a diary reminder at the initial check: note the later of (a) the document expiry date and (b) 12 months from the check date
- When the follow-up date arrives, contact the tenant and request updated documents or a new share code
- Use the Home Office online checking service where available — this confirms live status and is the most reliable method
- For manual document checks, check the new document against List A or List B of the Home Office Landlord's Guide
- Record the follow-up check result: date, document(s) checked (or share code reference number), outcome, and the next follow-up date if the new leave is still time-limited
- Keep copies of the follow-up check documents for the duration of the tenancy and for one year after the tenancy ends
Using the Home Office online checking service for follow-up
For tenants on Biometric Residence Permits, eVisas, or EUSS status, the online right to rent check service is the preferred follow-up method. The tenant logs in to the UKVI account and generates a new share code (valid for 90 days). You enter the share code and the tenant's date of birth at the landlord portal, and the service confirms their current status. Print or save the confirmation immediately — this is your evidence of the follow-up check.
EU Settlement Scheme Pre-Settled Status is time-limited (typically up to 5 years). A landlord who carried out an initial check at the start of the tenancy must follow up within 12 months. The Home Office online service will confirm whether the tenant still has Pre-Settled Status or has upgraded to Settled Status (which is indefinite).
What to do if the tenant cannot prove Right to Rent at follow-up
- Do not immediately evict the tenant — eviction for Right to Rent reasons must follow proper notice and possession procedures
- Report to the Home Office using the online reporting portal — you have a legal duty to report where a tenant cannot prove Right to Rent
- Document the failed check: date, what you asked for, what (if anything) the tenant provided, and the notification to the Home Office
- Take legal advice on the appropriate next steps — you will typically need to serve a Section 8 Notice on Ground 12A (the landlord-tenant relationship is illegal under Right to Rent legislation) to recover possession through the court
- Do not withhold the tenant's belongings or cut off utilities — these acts may constitute illegal eviction regardless of Right to Rent status
Right to Rent civil penalties — current amounts (2026)
| Offence | Maximum civil penalty per lodger/tenant |
|---|---|
| First offence — letting to person without Right to Rent | £10,000 (if landlord did not know) / up to £20,000 (if landlord should have known) |
| Repeat offence (second or subsequent) | Up to £20,000 per occupier |
| Failing to conduct initial check | Same scale as above |
| Failing to conduct required follow-up check | Same scale — statutory excuse is lost from the follow-up date |
LetSafe UK Right to Rent documents
- Right-to-Rent Check Pack (LS-E-021): Complete Right to Rent checking documentation for England — initial check records, share code evidence templates, follow-up check diary system, and a reporting checklist for the Home Office notification process