Right-to-rent checks are a statutory requirement for all private residential lettings in England. Before you allow a person to occupy a property as their only or main home, you must check that they have the right to rent in the UK. The obligation sits with the landlord, not the letting agent (though an agent can carry out checks on your behalf if the agreement is documented).
Right-to-rent checks apply only in England. They do not apply in Wales, Scotland, or Northern Ireland, which have separate devolved immigration controls and are not subject to the Immigration Act 2014 provisions.
The three check methods
From 6 April 2022 the Home Office recognises three valid methods of carrying out a right-to-rent check:
- Manual document check (in person or by video link). You inspect the original document(s), check they are genuine, confirm the holder is the prospective tenant, and keep a clear copy. Acceptable documents are listed in List A and List B of the Home Office guidance. A List A check gives an unlimited right to rent. A List B document (e.g. a time-limited visa) requires a follow-up check.
- Identity Document Validation Technology (IDVT) via a certified provider. UK and Irish nationals with a valid UK or Irish passport (or Irish passport card) can use a certified IDVT service provider to complete the check digitally. You receive a shareable result from the provider. A list of certified providers is published on GOV.UK.
- Home Office online Landlord Checking Service. For tenants who have status under the EU Settlement Scheme or who hold an eVisa, use the Home Office online checking service. The tenant shares their share code with you. You enter the share code and the tenant's date of birth. The service returns a yes/no result with a reference number.
What counts as a valid audit trail
Whichever method you use, you must keep evidence. The Home Office can request evidence during an inspection visit. The minimum audit trail is:
- A legible copy of the document(s) checked (both sides for biometric residence permits and identity cards)
- The date the check was carried out
- The name of the person who carried out the check
- For IDVT checks: the provider name and the result reference
- For online checks: the share code, the tenant's date of birth, and the date and result of the check
Keep records for the duration of the tenancy and for at least 12 months after it ends.
Time-limited right to rent: follow-up checks
If you carry out a List B check (the tenant has a time-limited right to be in the UK), you must repeat the check before the earlier of: (a) the date the leave expires, or (b) 12 months after the initial check. If the tenant's status cannot be verified on follow-up, you must report the occupancy to the Home Office.
Penalties for non-compliance
The civil penalty for renting to a person without the right to rent is:
- Up to £5,000 per occupier for a first breach
- Up to £10,000 per occupier for a repeat breach within three years
- An unlimited fine and up to 5 years imprisonment if you knew the person had no right to rent (criminal offence under the Immigration Act 2014)
The statutory excuse (that is, the defence against a civil penalty) is established by carrying out a correct check before occupation and keeping the required records. There is no excuse if you carry out a check after the tenant has moved in.
Letting agents and right to rent
If you use a letting agent, the responsibility for carrying out checks can be transferred to the agent by written agreement. The agreement must be documented: a verbal arrangement is not sufficient. Ask your agent to confirm in writing that it has carried out the checks and to provide copies of the evidence if you request them.
The LetSafe New Landlord Starter Pack includes a right-to-rent check log, document copy folder, and pre-tenancy compliance checklist, alongside the Periodic Assured Tenancy, the deposit protection Prescribed Information, and the How-to-Rent guide acknowledgement form.