Right to Rent Checks: What UK Landlords Must Know
As a landlord in England, you are legally required to check that your tenants have the right to rent before they move in. Get it wrong and you could face civil penalties up to £20,000 per tenant.
What is the Right to Rent Scheme?
The Right to Rent scheme requires landlords in England to check that tenants have permission to be in the UK before renting to them. This applies to all new tenancies and was introduced under the Immigration Act 2014.
Key requirements:
- Check documents for all adult occupiers before the tenancy starts
- Keep copies of documents for the duration of the tenancy and 12 months after
- Conduct follow-up checks for tenants with time-limited right to rent
- Use the Home Office online checking service where applicable
Civil penalties: Up to £10,000 for a first breach and up to £20,000 for repeat breaches. Criminal penalties can apply if you know or have reasonable cause to believe a tenant cannot legally rent.
Acceptable Documents for Right to Rent Checks
You can accept documents from List A (unlimited right to rent) or List B (time-limited right to rent).
List A: Unlimited
One check establishes a continuous statutory excuse for the duration of the tenancy.
- •UK or Irish passport
- •UK birth/adoption certificate with NI number
- •EU Settlement Scheme share code (settled status)
- •Certificate of registration/naturalisation
- •Permanent residence card
List B: Time-Limited
Follow-up checks required before visa/permission expires.
- •Passport with valid visa/permission
- •Biometric residence permit (BRP)
- •EU Settlement Scheme share code (pre-settled)
- •Home Office positive verification notice
- •Application Registration Card (asylum seekers)
How to Conduct a Right to Rent Check
Follow these steps to establish a statutory excuse and protect yourself from civil penalties.
Obtain original documents
Check original documents in the presence of the tenant. You cannot accept photocopies or scanned documents as originals.
Check the documents are genuine
Verify photos and dates of birth are consistent, documents have not been tampered with, and they are valid.
Make and keep copies
Take clear copies of the relevant pages (photo page, visa pages). Record the date you made the check. Keep copies for the tenancy duration plus 12 months.
Use online checking where required
For EU Settlement Scheme status, BRP holders, and eVisas, you must use the Home Office online checking service. The tenant provides a share code.
Schedule follow-up checks
For time-limited right to rent, conduct a follow-up check before the permission expires or within 28 days of the expiry date if it is being renewed.
Keep Your Right to Rent Records Organised
HouseFile helps you store, organise, and retrieve all tenant documents including Right to Rent checks.
Store Document Copies
Upload photos of passports, BRPs, and other ID documents. Keep everything in one secure place per property.
Record Check Dates
Log when you conducted each check. Maintain the clear audit trail required for your statutory excuse.
Compliance Checklist
Track Right to Rent alongside EPC, Gas Safety, EICR and all other required documents in one checklist.
Easy Retrieval
If challenged, quickly find and provide evidence of your checks. Everything is organised by property and tenancy.
Secure Storage
ID documents are sensitive. HouseFile keeps them secure and only accessible to you and those you authorise.
Multi-Property Support
Managing multiple properties? Keep Right to Rent records organised separately for each property and tenant.
Frequently Asked Questions
Do I need to check everyone living in the property?
Yes, you must check all adults (18+) who will occupy the property as their only or main home, regardless of whether they are named on the tenancy agreement.
What if my tenant has applied for a visa extension?
If your tenant has an outstanding immigration application or appeal, you can request a Home Office check via the Landlord Checking Service. This provides a statutory excuse while the application is pending.
Can I be penalised if my tenant overstays their visa?
If you conducted proper checks and have evidence, you have a statutory excuse. You are only liable if you failed to check, did not keep records, or knew the tenant did not have the right to rent.
How long must I keep Right to Rent documents?
Keep copies of the documents and records of when you made the check for the duration of the tenancy plus at least 12 months after it ends.
Does Right to Rent apply in Scotland, Wales, and Northern Ireland?
Right to Rent currently only applies in England. It does not apply in Scotland, Wales, or Northern Ireland, though this could change in future.
Further Reading
Landlord Compliance Checklist 2025
Complete guide to all required documents and legal obligations.
Proving Tenants Received Documents
Methods to prove document delivery that will stand up in a dispute.
First Time Landlord Guide
Essential checklist for new landlords in the UK.
Document Compliance Guide
Detailed guide to each required document and penalties.