Tenancy Setup & Management
How to do a right-to-rent check in 2026
Every landlord in England who lets a property to a new tenant must carry out a right to rent check before the tenancy begins. It is a legal requirement under the Immigration Act 2014, it applies regardless of the nationality of the tenant, and getting it wrong carries penalties of up to £20,000 per occupier for repeat breaches. Yet many buy-to-let landlords remain unsure exactly how to do it, which documents to accept, what to do about EU tenants who no longer carry physical proof of their status, and how often to repeat the check. This article walks through the entire process step by step, updated for 2026.
What is the right to rent scheme?
The right to rent scheme requires private landlords in England to check that all adults who will occupy a property as their only or main home have the legal right to rent in England. It was introduced by the Immigration Act 2014 and has applied across England since 1 February 2016.
The scheme does not apply in Scotland, Wales or Northern Ireland. Landlords with properties in those nations do not need to carry out right to rent checks.
The obligation sits with the landlord, not the letting agent, unless the landlord has a written agreement with the agent that the agent will carry out the checks. Even where an agent manages the letting process, the landlord retains the legal liability if no valid agreement is in place.
The August compliance checklist tracks right to rent checks as part of your pre-tenancy compliance workflow, alongside gas safety, electrical safety and deposit protection.
Who must be checked?
Every adult (aged 18 and over) who will occupy the property as their main or only home must be checked, regardless of their nationality. This includes:
The named tenant or tenants on the tenancy agreement
Any other adult occupiers who will live at the property, even if they are not named on the agreement
Lodgers, where the landlord is the person renting to them directly
Sub-tenants, where a head tenant is subletting to another adult (note: the head tenant becomes the responsible party for the sub-tenant check, but the original landlord can be liable if they knew subletting was occurring and failed to act)
Children under 18 do not need to be checked. Guests staying temporarily do not need to be checked. Only people who occupy the property as their main residence are within scope.
For more on subletting obligations, see the August dictionary entry on subletting.
The three ways to carry out a right to rent check
There are three recognised methods for carrying out a right to rent check. Which method applies depends on the tenant's nationality and the documents they hold.
1. Manual document check
A manual check involves inspecting original physical documents provided by the tenant. This is the traditional method and is still widely used. It can be done in person or via a live video call (a concession introduced during the COVID pandemic that has since been made permanent). A manual check is appropriate for UK and Irish citizens who hold physical documents, and for non-UK nationals who hold a physical Biometric Residence Permit.
2. Home Office online right to rent checking service
The Home Office provides an online service at gov.uk/view-right-to-rent that landlords can use to check the immigration status of tenants who hold a biometric residence card or permit, or who have status under the EU Settlement Scheme (EUSS). These tenants do not carry a physical document proving their current status, so the online service is the correct method.
To use the online service, the tenant generates a share code from their UK Visas and Immigration (UKVI) account, then gives the landlord this code along with their date of birth. The landlord enters both on the gov.uk portal to view the tenant's status. The check takes a few minutes and gives the landlord a statutory excuse against a penalty if the status is confirmed.
3. Certified Identity Service Provider (IDSP)
For British and Irish citizens, landlords can use a certified Identity Document Validation Technology (IDVT) provider - known as an Identity Service Provider, or IDSP. This service uses digital technology to verify identity documents remotely and is particularly useful for managing tenancies at a distance. Landlords must use a provider certified by the UK government. A list of certified providers is published on gov.uk. Using a certified IDSP provides a statutory excuse in the same way as the other methods.
Step-by-step: how to do a manual right to rent check
Follow these steps every time you carry out a manual right to rent check:
Ask the tenant for original documents. Do not accept photocopies. If you are conducting the check via video call, ask the tenant to hold documents up clearly to the camera.
Check the documents are genuine. Look for signs of tampering, check expiry dates, confirm that the photograph matches the person in front of you, and check that the name in the document matches the tenant.
Make a copy. Scan or photocopy every page of the document that contains the holder's details and any time-limited leave to remain endorsements.
Record the date. Write or stamp the date of the check on the copy. This is your evidence that the check was carried out before the tenancy began.
Store securely. Keep the copy for the duration of the tenancy plus one year after the tenancy ends. This is the minimum retention period required.
Note the follow-up date if applicable. If the document is a List B document (see below), note the date on which you must carry out a repeat check.
If you carry out the check via video call, you must also ask the tenant to send the original documents to you by post within three working days so you can verify them in person before the tenancy starts. If they cannot do this, use the online checking service or an IDSP instead.
List A and List B documents: what to accept
The Home Office divides acceptable documents into two lists. List A documents give an unlimited right to rent and only need to be checked once. List B documents show a time-limited right to rent and require a repeat check.
List A: unlimited right to rent (check once only)
UK passport - current or expired, as long as it is a genuine UK passport
Irish passport or passport card - current or expired
Certificate of Registration or Naturalisation as a British citizen
UK Biometric Residence Card or Biometric Residence Permit - only where it shows no time limit on leave
Settled status under the EU Settlement Scheme (EUSS) - verified via the online Home Office checking service, not by physical document
Immigration status document with an endorsement confirming indefinite leave to remain
Certain combinations of documents - for example, a UK birth or adoption certificate combined with an official document showing the person's National Insurance number (such as a P45, P60 or letter from HMRC)
List B: time-limited right to rent (repeat check required)
Current non-UK passport or travel document - with a valid visa, entry stamp or leave endorsement
UK Biometric Residence Card or Permit with a time-limited leave endorsement
Pre-settled status under the EU Settlement Scheme - verified via the online service; valid for 5 years from the date of grant
Current Residence Card or Registration Certificate - issued under the Immigration (European Economic Area) Regulations 2016
Current document issued by the Bailiwick of Jersey, Bailiwick of Guernsey or Isle of Man confirming a right to reside in the UK
For List B documents, you must carry out a repeat check before the document expires or, if the document has already expired by the time you do your follow-up, as soon as possible after the expiry. If at the follow-up check the tenant has no valid documentation showing continued right to rent, you must notify the Home Office by emailing landlords@homeoffice.gov.uk.
EU, EEA and Swiss citizens: using the online checking service
Since 1 July 2021, EU, EEA and Swiss citizens can no longer use their European passport or national identity card to prove their right to rent in England. They must now demonstrate their status through the EU Settlement Scheme or another immigration route, and verification must be done via the Home Office online checking service - not by inspecting a physical document.
There are two types of EUSS status:
Settled status - granted to EU/EEA/Swiss citizens who were living in the UK by 31 December 2020 and had been resident for five years or more. Settled status is a List A unlimited right to rent. Check once only.
Pre-settled status - granted to those with less than five years' UK residence by 31 December 2020. Pre-settled status is a List B time-limited right to rent, valid for five years from the date of grant. You must carry out a repeat check before this period expires.
To carry out the check: ask the tenant to log in to the UKVI account at gov.uk/settled-status-eu-citizens-families, generate a share code, and give you the code and their date of birth. You then visit gov.uk/view-right-to-rent, enter the share code and date of birth, and view the result. The result page confirms their status and, for pre-settled status, the expiry date. Screenshot or print the result and keep it with your tenancy records.
A tenant who does not have EUSS status but is an EU/EEA/Swiss citizen may have another form of leave to remain (a work visa, for example). Check this via their physical document and the online service as appropriate. If they have no valid status at all, you cannot let to them.
British and Irish citizens without a passport
Not every UK or Irish citizen holds a current passport. A landlord cannot refuse to rent to someone simply because they do not have one. Instead, there are two alternative routes.
The first is the document combination route. Certain combinations of documents are accepted as List A proof even without a passport, including:
A UK birth or adoption certificate plus a document showing the person's National Insurance number (such as an HMRC letter, P45 or P60)
A certificate of registration or naturalisation as a British citizen
The second route is to use a certified Identity Service Provider (IDSP). British and Irish citizens can have their identity verified digitally by a government-certified IDSP, which checks the authenticity of their identity document remotely. Using a certified IDSP gives the landlord a statutory excuse. This is particularly useful for tenants who do not have a physical passport but do have another form of photographic identity.
The full list of documents acceptable for each combination is set out in the Home Office's Right to Rent Code of Practice, available on gov.uk.
Repeat checks: when and how to carry them out
If a tenant's documents are time-limited (List B), you must carry out a follow-up right to rent check. The timing depends on which is earlier:
The date stated on the document (or online check result) as the expiry of leave to remain
Twelve months from the date you carried out the last check
Set a calendar reminder when you do the initial check. If the follow-up check reveals that the tenant still has valid leave, record the new expiry date and set another reminder. If the follow-up check reveals no valid leave, you must report to the Home Office at landlords@homeoffice.gov.uk within the same working day.
You are not required to evict a tenant whose leave has expired - that is a matter for the Home Office. Your legal obligation is to report. However, continuing to let without reporting once you have knowledge that a tenant lacks the right to rent could expose you to a criminal offence.
Use the August landlord calendar guide to set annual reminders for right to rent repeat checks alongside your other compliance tasks.
Record keeping: what to store and for how long
Keeping clear, dated records of your right to rent checks is what protects you if the Home Office investigates. The minimum requirement is:
A clear copy of all documents checked (both sides of a passport photo page, all relevant visa pages, or a screenshot/printout of the online check result)
The date the check was carried out, written or stamped on the copy
Records retained for the full length of the tenancy plus one year after the tenancy ends
Store records and documents securely, either as physical documents in a locked filing cabinet or as secure digital files. Avoid storing unencrypted personal documents in a general email inbox or shared folder. Right to rent records contain personal data and are subject to UK GDPR requirements alongside the immigration legislation.
If an agent carries out the check on your behalf, ensure they provide you with a copy of the records and confirmation that the check was completed before the tenancy started. Do not rely solely on the agent holding the records - if the relationship with the agent breaks down, you could be left without evidence of a check.
Penalties for failing to carry out a right to rent check
The civil penalty regime for right to rent was significantly strengthened from 22 January 2024. Current maximum penalties are:
First breach, occupier - up to £10,000 per occupier who does not have the right to rent
Repeat breach, occupier - up to £20,000 per occupier
First breach, lodger - up to £5,000 per lodger
Repeat breach, lodger - up to £10,000 per lodger
A 'repeat breach' is one that occurs after the landlord has previously received a penalty notice (not just a warning). The penalty notice itself also establishes that the landlord had knowledge of the scheme, which the Home Office can use as evidence in subsequent cases.
Criminal liability also exists. A landlord who knowingly lets to a person without the right to rent, or who continues to let once they know the tenant lacks the right, commits a criminal offence under section 33A of the Immigration Act 2014. Maximum sentence is five years' imprisonment.
Carrying out a proper check using one of the three recognised methods gives the landlord a statutory excuse. This means that even if the tenant later turns out not to have had the right to rent, the landlord will not be liable for a penalty if the check was done correctly and the documents appeared genuine at the time.
Right to rent checks in HMOs
The right to rent obligation applies in exactly the same way to Houses in Multiple Occupation as to standard single-let properties. Every adult who occupies the HMO as their main or only home must be checked before their tenancy or licence begins.
In an HMO where rooms turn over frequently, this means a new right to rent check is required each time a new occupant moves into a room. The fact that other occupants in the same property were checked when they moved in does not extend to any new arrival.
For student HMOs, tenants are almost always UK or EEA citizens with straightforward List A documentation, but international students on student visas will have time-limited leave and will require a repeat check. Diarise the repeat date at the start of each student's tenancy.
For the full range of HMO compliance obligations, see our guides to mandatory HMO licensing and HMO fire safety requirements. Also see our HMO calculator.
Right to rent and the Renters' Rights Act 2026
The Renters' Rights Act 2025, which comes into force from May 2026, does not change the right to rent scheme itself. The obligation to check remains in place, the methods remain the same, and the penalty regime is unchanged by the Act.
However, the wider tenancy reforms introduced by the Act do create additional obligations at the start of a tenancy. Landlords must now also:
Use a periodic tenancy agreement from day one (fixed terms are abolished)
Register with the new Private Rented Sector (PRS) database before letting the property
Serve the prescribed information required under the new regime, including an updated How to Rent guide
Our Renters' Rights Act post-commencement landlord guide covers all the changes coming in from May 2026 and the full pre-tenancy compliance checklist under the new regime.
For more on the registration requirement, see our guide to the Private Rented Sector database and what landlords need to do before letting.
Avoiding discrimination when carrying out right to rent checks
Because right to rent checks are required for all adults regardless of nationality, there is a risk that landlords apply them selectively - for example, only checking tenants who appear to be from overseas. This is unlawful discrimination under the Equality Act 2010.
The Home Office is clear, checks must be carried out on every adult who will occupy the property. A landlord who only checks certain tenants based on their appearance, accent or name is at risk of a discrimination claim regardless of whether the immigration check itself was valid.
Apply the same process to every prospective tenant. Use a consistent checklist, ask for the same categories of documents from everyone, and document the process uniformly.
Frequently asked questions
Can I carry out the check over video call?
Yes. The Home Office made video call checks a permanent option after the COVID pandemic. You can conduct the check via a live video call, but you must ask the tenant to send the original documents to you within three working days for in-person verification - unless you are relying on the online checking service or a certified IDSP, in which case physical documents are not required.
What if a tenant has an application pending with the Home Office?
If a tenant has applied for leave to remain and is awaiting a decision, you can use the Landlord Checking Service (LCS) on gov.uk to verify whether the tenant has a right to rent while their application is pending. The LCS provides a positive or negative notice within two working days. A positive notice gives you a statutory excuse for 12 months.
Does a right to rent check apply to a renewal or new fixed term?
You are not required to carry out a new right to rent check simply because a tenancy is renewed or a new fixed term is issued to the same tenant. The requirement is to check before the initial tenancy begins. However, if the original tenant's documents were time-limited (List B), you still need to carry out the follow-up check when that leave expires, regardless of any tenancy renewal.
What happens if I forget to do the check before the tenancy starts?
Carry out the check as soon as you realise it was missed, and document the date. It is better to have a late check than no check at all. However, you will not have a statutory excuse for the period between the tenancy start and the date of the check. If the Home Office investigates and finds the check was not done before the tenancy started, you could still be subject to a penalty.
Do I need to check a tenant who has lived in the UK their whole life?
Yes. The check applies to every adult occupier regardless of where they were born or how long they have lived in the UK. A British citizen who has never left the country still needs to be checked. The process is simple for most UK citizens, a passport or the document combination route is straightforward, but the check cannot be skipped.
What is the right to rent for asylum seekers?
Asylum seekers whose claim is pending are generally not permitted to rent in the private rented sector. A failed asylum seeker has no right to rent. If a prospective tenant's status is unclear, use the Home Office Landlord Checking Service to get a definitive answer before agreeing a tenancy.
Key takeaways
Right to rent checks are a legal requirement for all private landlords in England before a tenancy begins, regardless of the tenant's nationality
There are three methods: manual document check, Home Office online checking service (for eVisa and EUSS holders), and certified IDSP (for British and Irish citizens without a passport)
EU, EEA and Swiss citizens must be checked via the online Home Office service using a share code - their passport or ID card alone is not sufficient
List A documents give an unlimited right to rent (check once only); List B documents give a time-limited right to rent (repeat check required)
From January 2024, penalties increased to up to £10,000 per occupier for a first breach and up to £20,000 for a repeat breach
Apply checks consistently to every adult occupier to avoid discrimination claims under the Equality Act 2010
Keep copies of all documents checked, dated, for the tenancy period plus one year after the tenancy ends
This article is intended for general informational purposes only and does not constitute legal, financial, or professional advice. Landlord and tenant law is subject to change, and the information in this article reflects the position at the time of writing. You should always seek independent legal or professional advice before taking any action in relation to your property or tenancy.
Author
August Team
The August editorial team lives and breathes rental property. They work closely with a panel of experienced landlords and industry partners across the UK, turning real-world portfolio and tenancy experience into clear, practical guidance for small landlords.
