The right to rent scheme was introduced by the Immigration Act 2014 and applies to all private residential tenancies in England. It requires landlords to check the immigration status of all adult occupants before granting a tenancy, and to carry out follow-up checks where a tenant's right to rent is time-limited.
The check itself takes 5–10 minutes per tenant but the record-keeping is what matters in an enforcement situation. The Home Office publishes lists of acceptable documents and operates an online share code system for tenants who cannot produce original documents. LetSafe UK's Right-to-Rent Pack (LS-E-021) provides the compliance record sheet, a document checklist, and guidance on every scenario including international students, workers on visas, and pre-settled status holders.
Who must carry out right to rent checks?
Right to rent checks are mandatory for all private landlords in England who let residential property under an assured, assured shorthold, or (from 1 May 2026) periodic assured tenancy. The duty applies to the landlord even if a letting agent manages the property, unless the agent has expressly agreed in writing to take on the check responsibility.
- All private landlords in England — regardless of portfolio size. Even a single room let to a lodger requires a check.
- All adult occupants — not just named tenants. Anyone over 18 who will live in the property must be checked before the tenancy starts.
- Letting agents can take on the duty contractually, but the landlord remains liable if the agent fails.
- Right to rent checks are not required in Wales, Scotland or Northern Ireland — this is an England-only obligation.
How to carry out a right to rent check
There are two methods: an in-person document check or an online share code check via the Home Office Landlord Checking Service.
- Method 1 — Manual document check. Ask the tenant to produce original documents from List A or List B of the Home Office acceptable documents list. Check the document is genuine, belongs to the person, and is unexpired. Copy the document (photograph or scan), date it, and record who carried out the check.
- Method 2 — Online share code check. The tenant provides a share code and their date of birth. The landlord enters these at the Home Office Landlord Checking Service (gov.uk). The service confirms whether the tenant has the right to rent. Print or save the result with the date and your identity details.
- Who to check. Check all adult occupants before the tenancy start date — not just the named tenant. Guests and short-term visitors do not require a check.
- Record keeping. Keep copies of documents or share code check printouts for the duration of the tenancy plus 1 year after it ends. A complete right to rent record is the landlord's only defence against a civil penalty notice.
List A and List B documents — what to accept
The Home Office publishes two lists. List A documents give an unlimited right to rent (no follow-up check needed). List B documents give a time-limited right to rent (follow-up check required before the document expires).
- List A — unlimited right to rent (no follow-up check): UK or Irish passport; UK biometric residence card or permit (indefinite leave); EU Settlement Scheme settled status (share code); proof of UK citizenship by birth/naturalisation.
- List B — time-limited right to rent (follow-up check required): Non-UK/Irish passport with valid visa; biometric residence permit (limited leave); EU Settlement Scheme pre-settled status; certificate of application for settled/pre-settled status.
- Follow-up checks. When a List B document expires, carry out a new check immediately. If the tenant still has the right to rent, keep the new record. If they no longer have the right, report to the Home Office within the prescribed period.
- Home Office referral. If a tenant cannot produce any listed documents, refer to the Home Office Landlord Checking Service and await clearance before granting the tenancy.
Penalties for failing to carry out right to rent checks
The civil penalty scheme was significantly strengthened from 22 January 2024. Penalties are now based on whether the landlord is a first or repeat offender and the type of property involved.
- First offence — up to £10,000 per adult occupant without the right to rent.
- Repeat offence — up to £20,000 per adult occupant without the right to rent.
- Criminal liability. A landlord who knows or has reasonable cause to believe a tenant does not have the right to rent, and still lets the property, can face an unlimited fine and up to 5 years' imprisonment.
- Statutory excuse. Carrying out and recording the check correctly (even if the tenant provides a forged document) gives the landlord a 'statutory excuse' against a civil penalty — provided the forgery was not reasonably detectable.
Right to rent and the Renters' Rights Act 2025
The Renters' Rights Act 2025 did not change the right to rent obligation itself, but it did change the tenancy type used — from 1 May 2026, all new tenancies are Periodic Assured Tenancies. The right to rent check must still be carried out before the tenancy starts, and the record kept for the duration of the PAT plus 1 year. Existing right to rent records from AST tenancies carry over to the converted PAT — no new check is required for the conversion itself.
Frequently asked questions
Do I need to do a right to rent check for existing tenants?+
If the tenancy was granted before the right to rent scheme applied to your area, no initial check is required retroactively. However, if you have carried out a check and the tenant had a time-limited right to rent, you must carry out a follow-up check when that time limit expires. For new tenancies granted from any date in England, a check is always required before the tenancy starts.
Can I use a share code instead of checking physical documents?+
Yes. Tenants who have an online immigration status (EU Settlement Scheme, Biometric Residence Permit, eVisa holders) should provide a share code and their date of birth. Enter these at the Home Office Landlord Checking Service. The online check provides a statutory excuse exactly as a physical document check would. Print or save the result.
What if the tenant is a British citizen who doesn't have a passport?+
British citizens without a passport can use alternative List A documents: a UK birth certificate plus an NI number (plus evidence of NI number), or a certificate of registration/naturalisation as a British citizen. The Home Office publishes the full acceptable documents list. LetSafe UK's Right-to-Rent Pack includes the current document checklist.
Do I need to check every adult in the property?+
Yes. All adults (over 18) who will use the property as their main home must be checked — not just the named tenants on the tenancy agreement. This includes partners, adult children, and any other adult co-occupants who will live there. Guests and visitors do not require a check.
What if the tenant has pre-settled status under the EU Settlement Scheme?+
Pre-settled status is a time-limited right to rent (List B). Check using the share code system — the result will show the expiry date. Carry out a follow-up check before the pre-settled status expires. If the tenant has obtained settled status by then, the right to rent becomes unlimited.
How long do I need to keep the right to rent records?+
For the duration of the tenancy plus 1 year after the tenancy ends. Keep copies of all documents or share code check printouts, dated and signed by the person who carried out the check. LetSafe UK's Right-to-Rent Pack includes a record sheet designed for audit purposes.