Quick Answer
Landlords in England must check that every adult tenant has the legal right to rent in the UK before a tenancy begins. A properly completed check gives the landlord a statutory excuse against civil penalties for at least 12 months, even if the tenant’s actual permission to stay is shorter. Failing to check can result in unlimited fines and, in serious cases, imprisonment.
Who Needs to Be Checked
Every occupier aged 18 or over who will use the property as their only or main home must be checked before the tenancy starts. This applies regardless of nationality, including British citizens, since the check confirms status rather than assuming it. It applies to landlords letting directly and to letting agents acting on a landlord’s behalf, and it also covers subletting arrangements and lodgers.
How to Carry Out a Check
- Ask to see original documents, not copies, from the accepted document list
- Check that photographs and dates of birth match the person in front of you
- Confirm the tenant is permitted to rent in England and that any time-limited permission has not expired
- Retain a clear copy, a colour scan or photo, of the documents checked
- Record the date the check was carried out and diarise the date any follow-up check is due
Alternatively, landlords can use the Home Office online checking service with a tenant’s share code, or use a certified Digital Identity Service Provider for fully digital verification.
Unlimited vs Time-Limited Right to Rent
If a tenant has indefinite leave to remain or settled status, their right to rent is unlimited and no follow-up check is needed. If a tenant has time-limited permission, such as a work or student visa, a follow-up check is required before that permission expires, typically 10 to 11 months after the previous check.
The Statutory Excuse
Completing a Right to Rent check correctly gives you a statutory excuse against civil penalties for at least 12 months, even if the tenant’s actual visa is shorter. This is a deliberate part of the scheme’s design, meaning a tenant with 6 months of permission can still be given a 12-month tenancy without immediate compliance risk, as long as a follow-up check is scheduled correctly.
What Happens If You Skip the Check
Failing to carry out a Right to Rent check, or allowing someone without the right to rent to occupy your property, can result in unlimited civil penalties. Since December 2016, this has also carried the possibility of criminal prosecution and imprisonment in serious cases, particularly where a landlord knowingly lets to someone without permission to be in the UK.
What’s Changing in October 2026
A new Code of Practice takes effect on 1 October 2026, updating the rules for Digital Verification Service Providers, who must now be registered with the Office for Digital Identities and Attributes. If you use a third-party digital checking service, confirm it complies with the updated code before relying on it for your statutory excuse.
Exempt Situations
Certain types of accommodation are exempt from Right to Rent checks, including some social housing arrangements and specific accommodation types set out in Home Office guidance. If you are unsure whether your letting arrangement is exempt, check current Home Office guidance directly rather than assuming.
Frequently Asked Questions
Do landlords need to check Right to Rent for every tenant?
Yes, for every occupier aged 18 or over who will use the property as their main home, regardless of nationality.
What is a share code?
A code starting with the letter R that a tenant generates through the Home Office online service, allowing a landlord to verify their immigration status digitally.
What happens if a tenant’s right to rent expires mid-tenancy?
The landlord must carry out a follow-up check and, if the tenant no longer has the right to rent, report this to the Home Office.
Can a tenant move in before the check is completed?
No. The check must be completed before the tenancy begins.
Does Right to Rent apply to lodgers?
Yes, Right to Rent checks apply to lodgers as well as full tenants.
Related Reading
This article reflects UK Right to Rent regulations current as of August 2026, including the updated Code of Practice effective 1 October 2026.