Failing to carry out a compliant Right to Rent check before a tenancy starts carries a civil penalty of up to £10,000 per person without the right to rent (first breach), rising to £20,000 for repeat offenders. Criminal prosecution applies where the landlord knowingly permits occupation.
The Right to Rent scheme was introduced by the Immigration Act 2014 and has applied to private landlords in England since February 2016. Penalty amounts were substantially increased in February 2024. The Home Office has significantly increased enforcement activity since 2023, with a focus on landlords who failed to retain documentation or who accepted copies rather than originals.
1. Who must carry out Right to Rent checks
- All private landlords in England — regardless of property type, location, or tenancy value
- Resident landlords taking in a lodger
- Rent-to-rent operators who grant sub-tenancies — they are the immediate landlord and bear the obligation
- Letting agents only if the landlord has formally transferred responsibility in writing in the management agreement
- Exempt: local authority housing, certain educational institution accommodation, and other prescribed exempt categories
2. Three methods for conducting a compliant check
Method A: Manual document inspection (in person)
- Ask the occupier to bring original documents in person
- Check the document against the Home Office acceptable document list (List A or List B)
- Inspect the document for signs it is genuine — check photos, dates, holograms
- Make a clear copy (both sides if relevant)
- Write the date you inspected the original on the copy
- Retain the copy for tenancy duration plus 12 months
Method B: Home Office online share code (most convenient)
- Ask the occupier to go to gov.uk and generate a Right to Rent share code
- The occupier gives you their 9-character share code and date of birth
- You go to gov.uk/landlords-online-right-to-rent and enter both
- The result shows whether the person has the right to rent and, if time-limited, when it expires
- Print or save the result and retain it
Method C: IDSP digital check
A Home Office-certified Identity Service Provider (IDSP) can carry out a digital check using biometric document verification. This provides an equivalent statutory excuse to a manual check. Only use a provider that appears on the Home Office list of certified IDSPs.
3. Follow-up checks for time-limited leave
If a tenant or occupier has a visa or other time-limited right to remain, you must carry out a follow-up check before: (a) 12 months from the initial check, or (b) 1 month before the leave expires — whichever is earlier. Failure triggers continued civil penalty liability.
4. Retention requirements
- Keep copies for the tenancy duration plus 12 months after the tenancy ends
- Store securely — Right to Rent data is personal data under UK GDPR and must be handled lawfully, fairly, and transparently
- Do not keep copies longer than necessary — delete at the end of the retention period
5. What to do if you receive a civil penalty notice
- Within 21 days — pay with 30% discount: The Home Office offers a 30% reduction if paid within 21 days of the notice date
- Within 28 days — object: Write to the Home Office. Grounds: you are not the landlord; the person does not live there; you have evidence of a compliant check (statutory excuse)
- Within 28 days of an objection decision — appeal to County Court: If your objection is refused, appeal on the same grounds
- Best defence — statutory excuse: A valid document copy dated on the day of inspection, or a saved online check result, provides a complete defence. Without it, you face the civil penalty even if the tenant had the right to rent
6. Right to Rent and Periodic Assured Tenancies
Under the Renters' Rights Act 2025, all tenancies are now Periodic Assured Tenancies with no fixed end date. This means follow-up Right to Rent checks for occupiers with time-limited leave must continue indefinitely throughout the tenancy — not just at renewal or fixed-term expiry.
- Set calendar reminders for every time-limited occupier, triggered by their leave expiry date minus 1 month
- If a tenant loses the right to rent during the tenancy, the Home Office will issue a notice. Under the RRA 2025, this triggers Ground 7B (mandatory Section 8 possession ground). Failure to act on the notice exposes the landlord to continuing civil penalty liability
Sources and legislation
- Immigration Act 2014 (legislation.gov.uk)
- Immigration Act 2016
- Home Office: Landlords' Guide to Right to Rent (gov.uk)
- Online Right to Rent check service (gov.uk/landlords-online-right-to-rent)
This guide is accurate as at 20 May 2026. It is provided for information purposes only and does not constitute legal advice.