What is the Right to Rent scheme?
The Right to Rent scheme comes from the Immigration Act 2014 and covers new tenancies and lodgers in England, with exceptions such as social housing and student halls.
Key requirements:
- Check every adult before the tenancy starts
- Keep copies until a year after the tenancy ends
- Follow up if their right to rent is time-limited
- Check eVisas and EU Settlement Scheme status online
Civil penalties: Up to £10,000 per occupier (£5,000 per lodger) for a first breach, and up to £20,000 (£10,000 per lodger) for a repeat within three years. An agent who agreed in writing to do the checks is liable instead. Letting to someone you know, or have reasonable cause to believe, can't legally rent is a criminal offence.
Acceptable documents for Right to Rent checks
List A shows an unlimited right to rent, List B a time-limited one.
List A: unlimited
One check covers the whole tenancy.
- •British or Irish passport, even if expired
- •UK birth or adoption certificate, plus a second document such as a current UK driving licence
- •EU Settlement Scheme settled status, checked online
- •Certificate of registration or naturalisation as a British citizen
- •Passport endorsed with indefinite leave to remain
List B: time-limited
Plan a follow-up check.
- •Unexpired passport endorsed with time-limited permission
- •Current Home Office immigration status document showing limited leave
- •Pre-settled status, checked online (the result says if a follow-up is due)
- •Positive Right to Rent Notice from the Landlord Checking Service
- •Paper EU Settlement Scheme Certificate of Application, confirmed by that service
How to conduct a Right to Rent check
Done this way, a check gives you a statutory excuse against the penalty.
Obtain original documents
Have the originals in your hands, even for a video call.
Check the documents are genuine
With the tenant present or on video, check the photos and dates of birth match and nothing looks altered.
Make and keep copies
Photocopy or photograph each document, including every passport page with personal details or a visa, and write the check date on them.
Use online checking where required
EU Settlement Scheme status and eVisas are checked online with the tenant's share code, 9 characters starting with R. Check the photo matches and save the result. Biometric residence permits no longer count: eVisas replaced them.
Schedule follow-up checks
For time-limited permission, check in the 28 days before the tenancy starts, then again just before the permission ends or 12 months on, whichever is later. If they can no longer rent, tell the Home Office.
Keep your Right to Rent records organised
HouseFile gives each occupant private slots for a Right to Rent check and proof of ID.
Store document copies
Upload your copies or the saved online result.
Record check dates
Note each check date in the private notes.
Compliance checklist
Right to Rent sits in one compliance checklist with your EPC, gas safety record and EICR, and missing uploads show on your dashboard.
Easy retrieval
Archive an ended tenancy and its documents stay on file.
Secure storage
These slots are private. Tenants never see them.
Multi-property support
Each check is filed by property, tenancy and occupant.
Frequently asked questions
Do I need to check everyone living in the property?
Yes. Check every adult who'll live there as their only or main home, named on the agreement or not, British citizens included.
What if my tenant has applied for a visa extension?
Ask for a share code first. If a pending application or appeal means they can't give you one, use the Landlord Checking Service. A yes covers you for 12 months.
Can I be penalised if my tenant overstays their visa?
Not if you kept your statutory excuse, which for time-limited permission means a follow-up check on time and telling the Home Office if they can no longer rent.
How long must I keep Right to Rent documents?
For the tenancy and one year after, then destroy them securely.
Does Right to Rent apply in Scotland, Wales, and Northern Ireland?
No. Right to Rent checks only apply in England.
Further reading
Landlord responsibilities and compliance checklist 2026
From certificates to tax, in one list for England.
Proving tenants received documents
What tribunals accept as proof of delivery.
First time landlord guide
What to have in place before your first let.
Document compliance guide
Each document you must give tenants, with the penalties.