Right to Rent Checks: Documentation Requirements for UK Landlords

What Are Right to Rent Checks?

Since February 2016, landlords in England must check that all tenants aged 18 or over have the legal right to rent property in the UK. This applies before the tenancy starts and in some cases during the tenancy. The checks apply to all private residential tenancies and lodgers, including short-term lets.

Right to Rent is an immigration control measure requiring landlords to prevent people without legal immigration status from accessing the rental market. Fail to conduct proper checks and you face civil penalties of up to £3,000 per tenant. Repeat offenders or those who knowingly breach the rules risk criminal prosecution with unlimited fines or imprisonment.

The checks apply only in England. Scotland, Wales, and Northern Ireland have different systems. This guide covers England only.

What Documents You Must Check

The Home Office provides two lists of acceptable documents: List A (unlimited right to rent) and List B (time-limited right to rent). You must verify original documents—copies aren't acceptable for the initial check.

List A documents (no follow-up required): British or Irish passport, British birth certificate plus National Insurance number, settled status under EU Settlement Scheme, indefinite leave to remain, permanent residence document.

List B documents (follow-up checks required): Time-limited visa or immigration status, pre-settled status under EU Settlement Scheme, certificate of application for asylum, immigration bail papers.

If a tenant provides List B documents, you must conduct another check before their permission to stay expires. Set a reminder—missing this follow-up check removes your statutory excuse if the tenant's status later becomes illegal.

How to Conduct the Check

You must see and handle the original documents in the presence of the tenant. Take clear copies or scans of the documents. Record the date you conducted the check. For passports, copy the page showing the photograph, date of birth, and immigration status. For other documents, copy all relevant pages.

Check that the documents appear genuine and haven't been tampered with. Verify the photographs match the person. Check dates of birth are consistent across multiple documents. Look for signs of forgery like inconsistent fonts, poor quality printing, or obvious alterations.

You're not expected to be a forgery expert, but you must take reasonable steps. If documents look suspicious, use the Home Office Landlord Checking Service or refuse to rent until the prospective tenant provides alternative acceptable documents.

The Statutory Excuse

Conducting the check correctly and keeping proper records creates a "statutory excuse." This protects you from civil penalties if it later turns out the tenant didn't have the right to rent. Without this excuse, you're liable for fines even if you didn't know the tenant's status was illegal.

To maintain your statutory excuse, you must: conduct the check before the tenancy starts, see original documents, take copies, record the date, and conduct follow-up checks for List B documents before permission expires.

The excuse covers the specific tenancy you checked. If the tenant remains after the fixed term ends and the tenancy becomes periodic, your original check still covers you—unless they provided List B documents that have since expired.

What Records You Must Keep

You must keep copies of documents and the date of the check for the duration of the tenancy plus one year after it ends. This applies to all tenants, including those with unlimited right to rent.

Good practice means recording: tenant's name, date of birth, document type and number, date of check, who conducted the check (you or your agent), and for List B documents, the date the next check is due.

Store these records securely. They contain sensitive personal information covered by UK GDPR. Don't share them except when legally required (Home Office enforcement officers, police with appropriate authorization, tribunals or courts).

Follow-Up Checks for List B Documents

If a tenant provided List B documents showing time-limited permission to stay, you must conduct another check before that permission expires. The process is the same: see original documents, take copies, record the date.

If the tenant can't provide documents showing their status remains legal, you should report them to the Home Office. You're not required to evict them immediately, but continuing to rent without conducting follow-up checks removes your statutory excuse.

Some landlords avoid List B tenants to avoid follow-up checks. This is understandable but potentially discriminatory. The Equality Act 2010 prohibits refusing tenancies based on nationality or immigration status except where required by law. Blanket bans on all non-British nationals risk discrimination claims.

Joint Tenancies and Multiple Occupants

You must check every adult aged 18 or over who will occupy the property, whether they're named on the tenancy agreement or not. This includes lodgers in a room rental, all names on a joint tenancy, and any adult occupants even if they're not paying rent.

Each person needs separate checks and records. In an HMO with five tenants, that's five separate Right to Rent checks, each with individual documentation and potential follow-up requirements if any provided List B documents.

What Happens If You Don't Comply

Civil penalties of up to £3,000 per tenant apply if you fail to conduct proper checks. The Home Office issues a notice requiring you to pay within 28 days. You can object if you believe you conducted the checks correctly or have a reasonable excuse.

Repeat offenders or those who knowingly rent to someone without legal status face criminal prosecution. Convictions carry unlimited fines and up to five years imprisonment.

The Home Office conducts compliance visits and investigations. They target areas with high immigration enforcement activity, respond to reports from neighbors or ex-partners, and follow up on intelligence suggesting illegal occupation.

During an investigation, officers can request to see your Right to Rent records. Failing to produce them when required is itself a breach. This is why keeping organized records matters—not just conducting the initial checks.

Common Mistakes Landlords Make

Not checking all occupants. You must check everyone aged 18+, not just those named on the tenancy agreement.

Accepting copies instead of original documents. Copies don't provide a statutory excuse (except for follow-up checks where you may accept scanned documents in certain circumstances).

Missing follow-up checks. If you checked List B documents three years ago and the tenant is still there, your statutory excuse expired when their permission to stay did.

Not keeping dated records. You conducted the check but can't prove when. Without dated copies, you can't demonstrate your statutory excuse.

Discrimination. Refusing to rent to anyone who isn't a British citizen might seem safer but risks discrimination claims.

Using Letting Agents

If a letting agent manages your property, they typically conduct Right to Rent checks on your behalf. However, you remain legally responsible. If the agent doesn't conduct checks properly, you face penalties, not them.

Make sure your agreement with the agent explicitly covers Right to Rent compliance. Request copies of all check documentation. Don't assume the agent is doing it correctly—verify that you receive dated copies for every tenant.

Changes Under the Renters' Rights Act 2025

The Renters' Rights Act maintains Right to Rent requirements. The abolition of Section 21 from May 2026 doesn't affect immigration checks. Landlords must continue conducting and documenting Right to Rent checks regardless of tenancy type.

In fact, with Section 21 unavailable, some experts suggest Right to Rent compliance becomes even more critical. Under Section 8, tenants can challenge eviction proceedings by pointing to landlord non-compliance. Failing to conduct or document Right to Rent checks properly could weaken your position in tribunal proceedings.

Digital Identity Verification

The Home Office is piloting digital Right to Rent checks using certified Identity Service Providers (IDSPs). These services verify identity documents electronically. Once fully rolled out, they may provide an alternative to in-person checks.

Until the scheme is fully implemented and your chosen IDSP is certified, stick with manual checks. Don't rely on third-party identity verification unless it explicitly complies with Right to Rent requirements and provides a statutory excuse.

Organizing Your Right to Rent Records

Professional landlords maintain organized systems showing: each tenant's name and property address, date of initial check, documents verified, copies of those documents, for List B: expiry date and date of next check due, and date tenancy ended plus confirmation records retained for required period.

Manual systems work but require discipline. A spreadsheet tracking all tenants with check dates and follow-up requirements prevents missed deadlines. Store document copies securely, either in physical files per property or encrypted digital storage.

Digital record-keeping systems designed for landlord compliance can automate reminders for follow-up checks and store all documentation alongside other tenant records.