Everything Landlords Need To Know About Right To Rent Checks

As a landlord, it is your responsibility to ensure that the tenant renting from you has the ‘right to rent’ in the UK. Essentially, this means that they must legally be allowed to live in the country. As such, before allowing a tenancy agreement to be signed, you need to conduct a right to rent check.

It is important to note that this right to rent check must not be discriminatory. You cannot conduct a right to rent check on someone because you suspect they may not be allowed to rent in the UK. Rather, you should conduct a right to rent check on every single tenant that you rent to.

The responsibility to ensure this check is carried out falls on your shoulders (as the landlord), however, lettings agents can also carry out the checks on your behalf to make sure you’re on the right side of the law.

The right to rent check has been a legal requirement since February 2016 when it was rolled out across England.

In this article, we’ll explore all the finer details of right to rent checks, such as who has a ‘right to rent’ and how to conduct a check in a legal and ethical manner.

Key Takeaways 

• Right to Rent is the Law: You must check that all adult tenants have legal permission to rent in England — no exceptions.
• Check Everyone, No Discrimination: Run checks on all tenants over 18, even if they’re not named on the tenancy agreement.
• Use Share Codes or Original Docs: Most checks now happen online using a tenant’s share code — but paper docs are still valid in some cases.
• Record Everything: Keep copies of ID, note the date of checks, and store everything securely (like with Landlord Studio).
  Time-Limited? Do a Follow-Up: If the tenant’s permission to stay has an end date, schedule a follow-up check — or risk a fine.
• ‍Big Penalties for Getting it Wrong: Renting to someone who doesn’t

When Should You Conduct a Right to Rent Check?

Before renting out your property to a tenant or lodger, you need to confirm they're legally allowed to rent in England. This check applies to all tenants over 18, even if:​

• They're not named on the tenancy agreement.​
• There's no written tenancy agreement.​

It is against the law to discriminate against a person because of where they are from. As such, a right to rent check must be run on all prospective tenants before they move in.

Check with the Home Office if the tenant is a Commonwealth citizen but does not have the right documents – they might still have the right to rent in the UK.

Are All Rentals Subject to Right to Rent Checks?

Some accommodations are exempt from these checks. You don't need to run a right to rent check for:​

• Holiday lets shorter than three months.​
• Housing provided by local authorities.
• Care homes, hospitals, hospices, and other healthcare facilities.​
• Hostels and refuges.​
• Accommodation provided by employers (tied accommodation).​
• Student housing managed by educational institutions or charities.​

The full list can be found in the U.K. Government’s Guide on Right to Rent Checks.

Who Has the Right to Rent?

A person has the right to rent if they are:​

• A British or Irish citizen.​
• Holding indefinite leave to remain (ILR).​
• Granted refugee status or humanitarian protection.​
• Possessing settled or pre-settled status under the EU Settlement Scheme.​
• Having permission to be in the UK, such as on a work or student visa.​
• Granted a time-limited right to rent by the Home Office.​

How to Conduct a Right-to-Rent Check

There are several ways to verify a tenant's right to rent:​

1. Check Original Documents: Review their passport or visa.​
2. Use the Home Office Online Service: If they have a 'share code', you can verify their status online.​

Steps for Checking Original Documents

1. Identify all adults who'll use your property as their main home.​
2. Request original documents proving they can live in the UK.​
3. Verify the authenticity of these documents in the tenant's presence.​
4. Make and keep copies, recording the date of the check.​

Note: You cannot accept biometric residence cards or permits; instead, ask the tenant for a share code.​

Conducting a Right to Rent Share Code Check

If your tenant has a biometric residence card or permit, settled or pre-settled status, or applied for a visa using the 'UK Immigration: ID Check' app, they can provide a share code and you can conduct a Right to Rent share code check.

You need to check that:

• The documents are originals and belong to the tenant
• Their permission to stay in the UK has not ended
• The photos on the documents are of the tenant
• The dates of birth are the same in all documents (and are believable)
• The documents are not too damaged or do not look like they’ve been changed
• If any names are different on documents, there are supporting documents to show why, such as a marriage certificate or divorce decree

You cannot accept biometric residence cards or permits. Ask the tenant for a share code instead.

If your tenant can prove their right to rent using an accepted, original document, you cannot insist they use the online service instead.

What If the Tenant Lacks the Right Documents?

If a prospective tenant doesn't have the necessary documents, use the Home Office's landlord checking service if:​

• The Home Office holds their documents.​
• They have an ongoing case or appeal with the Home Office.​
• The Home Office granted them 'permission to rent'.​

You'll typically receive a response within two working days. You'll need the tenant's Home Office reference number to use this service.​

Making Copies of Documents

Keep copies of your tenant's documents for at least a year after they move out. Storing these digitally, perhaps using a cloud-based system like Landlord Studio, ensures they're organized and accessible.​

When copying documents:

• Ensure the copies can't be altered, like a photocopy or clear photograph.​
• For passports, copy every page with the expiry date and applicant's details, including endorsements.​
• For other documents, make complete copies.​
• Record the date you made the copy.​ 

Make sure you follow data protection law throughout this process.

Do You Need to Conduct Follow-Up Checks?

If your tenant has a time-limited right to rent, schedule a follow-up check before their permission expires. 

Failure to do so could result in fines. Conduct this check either at the end of their permission to stay or 12 months after your previous check, whichever comes first.​

No follow-up check is needed if there's no time limit on their permission to stay in the UK.​

If a follow-up check reveals they no longer have the right to rent, you must report this to the Home Office using the online reporting form. 

Failing to do so could land you with a fine—or even a prison sentence of up to five years.

Agents and Subletting

You can delegate the right to rent checks to a letting agent, but make sure that agreement is in writing. 

If your tenant sublets the property without your knowledge, they become responsible for carrying out checks on their sub-tenants—and will be held liable if the checks aren't done properly.

What If the Tenant Fails a Right to Rent Check?

If the Home Office or the checking service confirms that a prospective tenant doesn't have the right to rent, you must reject their application.

Letting a property to someone who doesn’t have permission could lead to unlimited fines and even criminal prosecution.

To protect yourself, keep detailed records of all checks, communications, and documents—ideally in a secure cloud-based platform like Landlord Studio. 

This gives you an audit trail in case your compliance is ever called into question.

Related: A Complete Guide to Landlord Responsibilities and Legal Obligations

Your Right to Enter the Property for Checks

As with any inspection, you’re legally required to give tenants at least 24 hours' notice before entering the property. 

But in practice, giving more notice—48 hours or more—is good etiquette and helps avoid conflict.

If a tenant refuses access for a check, document your attempts and inform the Home Office if needed.

Penalties for Non-Compliance

Not complying with right to rent laws is a serious issue. The penalties include:

• Unlimited civil fines
• Up to five years in prison if found guilty of knowingly renting to someone without a legal right to reside
• Being added to the Home Office’s “rogue landlord” database
• Potential issues with eviction notices under Section 21 or Section 8 due to non-compliance

Right to Rent Checks: Final Thoughts

Right to rent checks might feel like a box-ticking exercise, but they’re legally required and taken seriously by the authorities. Make it part of your standard tenant onboarding process.

Run checks on every adult tenant, regardless of where they’re from, and use either original documents or the government’s online service. 

If they’ve got limited leave to remain, set a reminder for a follow-up.

Landlord Studio can make staying compliant easier. Use it to:

• Digitally store tenant documents
• Set calendar reminders for follow-ups
  Log your checks and stay audit-ready
• Keep track of all compliance paperwork in one place

With the right tools, staying on top of legal responsibilities becomes less of a hassle—and keeps your properties running smoothly.

Create your free Landlord Studio account to streamline your rental property management and ensure compliance with changing regulations.

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