The short answer
- Check every adult who will live in the property as their main home, within 28 days before the tenancy starts.
- British and Irish citizens: check original documents in person or through a certified identity service.
- Almost everyone else: use the Home Office online service with their share code.
- People with time-limited permission need a follow-up check.
- Penalties go up to £10,000 per occupier for a first breach and £20,000 for a repeat.
Who must be checked
You must check every adult aged 18 or over who will live in the property as their only or main home, whether or not they are named on the tenancy agreement. That includes partners, adult children and lodgers. Children under 18 do not need checking, but you should check them when they turn 18 if they still live there.
You must check everyone, including people you assume are British. Checking only some tenants can be discrimination.
Who does the check
- Responsible
- By default
- Includes
- Homeowners taking in lodgers
- Responsible
- If agreed in writing
- Effect
- The agent is liable for penalties instead
A tenant who sublets or takes in a lodger becomes a landlord for that person and must do the check. If an agent takes on the checks, keep the written agreement.
When to check
The check must be made no more than 28 days before the start of the tenancy. Checks made earlier do not count, and checks made after the tenant moves in leave you without protection for that period.
- Earliest date for the check4 October 2026
- Latest date for the check1 November 2026
Three ways to check
| Method | For | How |
|---|---|---|
| Online check | Most non-British and non-Irish citizens | Use the share code at GOV.UK and check the photo matches |
| Manual document check | British and Irish citizens | See original documents from the approved list, in person or by live video with the originals in hand |
| Identity service (IDVT) | British and Irish citizens with a valid passport | Use a certified identity service provider, which may charge a fee |
For a manual check, the tenant must be present, in person or by live video, and you must have the original documents in your possession. Check that photos match and dates are valid, then take copies of every relevant page and record the date.
eVisas and share codes
Most people with permission to be in the UK now have an eVisa instead of a physical document. They generate a share code at GOV.UK, which you enter with their date of birth. The result shows their photo and whether their right to rent is unlimited or time-limited.
Save the result
Download or print the online check result and keep it with the date of the check. Without it, you cannot prove you did the check.
If a person cannot show their right to rent, for example because they have an outstanding application, you can ask the Home Office Landlord Checking Service, which normally replies within 2 working days.
Follow-up checks
If the tenant’s permission is time-limited, you must do a follow-up check just before the later of the end of their permission or 12 months after your previous check.
| Permission ends | Follow-up check before |
|---|---|
| 1 March 2027 | 1 November 2027 (12 months) |
| 30 June 2028 | 30 June 2028 (end of permission) |
If the tenant no longer has the right to rent at the follow-up check, you must report it to the Home Office straight away. You do not have to evict them, but failing to report it removes your protection.
Penalties
| Breach | Per lodger | Per occupier |
|---|---|---|
| First breach | £5,000 | £10,000 |
| Repeat within 3 years | £10,000 | £20,000 |
A landlord who lets to two adults without the right to rent could face a penalty of up to £20,000 for a first breach. Knowingly letting to someone without the right to rent is a criminal offence that can lead to up to 5 years in prison.
The statutory excuse
If you carry out the check correctly, keep the records and do any follow-up checks, you have a “statutory excuse”. That means you will not be fined even if the tenant later turns out not to have the right to rent, unless you knew. The excuse only covers the period after a correct check.
Keeping records
- Keep copies of documents or the online check result for the length of the tenancy and one year after it ends.
- Record the date of every check.
- Store records securely, in line with data protection law, and destroy them once they are no longer needed.
Avoiding discrimination
The Equality Act 2010 applies to Right to Rent checks. Treat every applicant the same way, check everyone, and do not refuse someone just because their right to rent is time-limited or because they cannot show a particular document. Many people have a right to rent shown only online.
Lets that are exempt
Some accommodation is outside the scheme, including:
- social housing allocated by a council;
- care homes, hospitals and hospices;
- hostels and refuges for homeless people or those escaping abuse;
- student halls of residence, and accommodation provided by an employer in some cases;
- long leases of 7 years or more.
Check the full list in the code of practice before relying on an exemption.
For tenants
If you are not British or Irish, get a share code from GOV.UK before you start looking for somewhere to live. British and Irish citizens should have a passport or other approved documents ready. If you have an outstanding application or appeal, tell the landlord, who can ask the Home Office to confirm your right to rent.
Wales, Scotland and Northern Ireland
Right to Rent checks only apply in England. Landlords in Wales, Scotland and Northern Ireland do not have to carry them out.
A typical timeline
- Up to 28 days beforeDo the check
Online or with documents, for every adult.
- Tenancy startCheck complete
Records saved with the date.
- Before 12 months or permission endsFollow-up check
For time-limited permission only.
- 1 year after the tenancy endsDestroy records
Unless needed for another reason.
Acceptable documents for British and Irish citizens
The Home Office publishes lists of acceptable documents. For British and Irish citizens, these include:
- a UK or Irish passport, current or expired;
- a UK birth or adoption certificate, together with evidence such as a letter from a government department or a bank;
- a certificate of naturalisation or registration as a British citizen, with supporting evidence.
Some documents only count when combined with others, so check the current list before accepting them. Never accept photocopies, and check that documents look genuine and belong to the person in front of you.
EU citizens and settled or pre-settled status
Most EU, EEA and Swiss citizens living in the UK have status under the EU Settlement Scheme, which is shown online. Settled status gives an unlimited right to rent, so no follow-up check is needed. Pre-settled status is time-limited in the online result, although many holders are now converted to settled status automatically. Follow what the online check shows on the day you make it.
An EU passport or identity card on its own is no longer proof of the right to rent.
Students and short lets
International students renting private accommodation must be checked like anyone else, usually through a share code, and need follow-up checks if their permission ends during the tenancy. Holiday lets of less than 3 months are generally outside the scheme, but a short let to someone living there as their main home is not.
Lodgers in your own home
If you take in a lodger, you are the landlord for Right to Rent purposes and must check them. The penalty for letting to a lodger without the right to rent is lower than for a tenancy: up to £5,000 for a first breach and £10,000 for a repeat. The check itself is the same.
Working with letting agents
Many landlords use a letting agent for checks. Make sure your agreement says in writing that the agent will do the initial and follow-up checks. Ask for copies of the records, so you can show the checks were done if needed. If the agreement does not cover follow-up checks, you remain responsible for them.
If someone does not have the right to rent
You must not let the property to someone who does not have the right to rent. If an existing tenant fails a follow-up check, report them to the Home Office straight away. The Home Office may then issue a notice that allows you to end the tenancy. Do not try to evict a tenant without following the proper legal process.
Right to Rent and the Renters' Rights Act
The Renters’ Rights Act changes how tenancies work in England, but Right to Rent checks still apply. Landlords also cannot refuse tenants simply because they receive benefits or have children. The immigration check remains a legal requirement and is not a reason to treat applicants differently in other ways.
A step-by-step check
- Ask every adult applicant how they will prove their right to rent: documents or a share code.
- For a share code, enter it with their date of birth at GOV.UK and check the photo matches the person.
- For documents, see the originals with the person present, in person or by live video.
- Save the online result or take clear copies, and write the date of the check on them.
- Diarise any follow-up check, and repeat the process before the date.
