How to carry out a right to rent check

To carry out a right to rent check, a landlord in England must confirm that every adult who will live in the property as their main home has the legal right to rent here, before the tenancy begins, using one of three approved methods: a manual check of original documents, the Home Office online service using a share code, or a registered digital verification provider. Doing the check correctly gives you a statutory excuse, which is a complete defence against a civil penalty of up to £10,000 per occupier if the tenant later turns out to have no right to rent. This guide sets out each method, which documents fall into which list, when to repeat a check, and how to keep the excuse intact. It is current as at July 2026 and covers the changes taking effect on 1 October 2026.

The statutory excuse, and why it is the whole point

Everything in a right to rent check works towards one thing: the statutory excuse. Get the method right, check the documents in the right way, and record it properly, and you have a complete defence against a civil penalty even if the tenant is later found to have no right to rent. Miss a step, and the excuse falls away, which is the difference between a compliant landlord and a £10,000 bill per occupier. Read the rest of this guide as a description of how to earn and keep that excuse, because that is what each rule is for.

Who must be checked, and where

The check applies to every adult aged 18 or over who will occupy the property as their only or main home, whatever their nationality, in England only. It is not required in Scotland, Wales or Northern Ireland. That scope covers the named tenants, any other adult living there even if unnamed, and lodgers where you let to them directly. In a subletting arrangement the head tenant becomes responsible for checking their sub-tenant. Children under 18 and short-term guests are out of scope.

The duty sits with the landlord, not the letting agent, unless a written agreement puts it on the agent. Without that agreement the liability stays with you even where the agent runs the letting, so confirm in writing who is responsible before the tenancy starts.

The three ways to check a tenant's right to rent

Which method applies depends on the documents the tenant holds. The COVID-era adjusted check, which allowed document checks over video with scans, ended on 30 September 2022, so any tenancy from 1 October 2022 must use one of these three.

A manual document check. You examine the tenant's original physical documents in person and keep a dated copy. This is the route for British and Irish citizens with a passport, and for anyone whose status is still evidenced by a valid physical document.

The Home Office online service. This is now the default for anyone whose status is held digitally, including settled and pre-settled status under the EU Settlement Scheme, eVisa holders, and former Biometric Residence Permit holders, because physical BRPs have been phased out and a card alone is no longer acceptable. The tenant generates a share code, gives it to you with their date of birth, and you confirm their status on GOV.UK. How the share code works and how a tenant generates one is covered in full in our guide to the right to rent and the share code, so this guide does not repeat it.

A registered digital verification provider (RtR DVSP). A private company that verifies identity and documents digitally. From 1 October 2026, a provider you use must be registered on the Office for Digital Identities and Attributes register with a note confirming it can carry out right to rent checks, a requirement under the Data Use and Access Act 2025. A DVSP can verify a British or Irish passport, including one up to six months past expiry using the chip, and can carry out facial recognition to confirm the occupier is the right person. Using one stays optional, and in practice it matters more to letting agents and referencing services checking identities at scale than to self-managing landlords, who can do the check themselves for free.

All three, done correctly, give you the statutory excuse.

Step by step: the manual document check

For a tenant whose status is evidenced by a physical document, the same steps every time:

1. Ask for the original documents. Do not accept photocopies or screenshots.

2. Check them in the tenant's presence. Confirm the photograph matches, the dates are consistent, and there is no sign of tampering.

3. Make a clear copy of every page showing the holder's details and any leave endorsement.

4. Record the date of the check on the copy. This is your evidence it was done before the tenancy and no earlier than 28 days before the start date, the window in which a check stays valid.

5. Store the copy securely for the tenancy plus one year.

6. If the document shows time-limited leave (List B), diarise the follow-up check.

A check done over an unverified video call or against a scan no longer gives a statutory excuse. For a tenant you cannot meet in person, use the online service or a registered provider instead.

List A and List B documents

The Home Office divides acceptable evidence into two lists. List A gives an unlimited right to rent and is checked once. List B shows a time-limited right and requires a repeat check.

List A (unlimited) includes a current or expired UK passport, an Irish passport or passport card, a certificate of registration or naturalisation as a British citizen, settled status under the EU Settlement Scheme verified online, and certain combinations such as a UK birth or adoption certificate with an official document showing the person's National Insurance number.

List B (time-limited) includes a current passport or travel document carrying a valid visa or leave endorsement, pre-settled status verified online, an eVisa or other digital status showing time-limited leave verified online, and a positive notice from the Landlord Checking Service. Where status is digital, including for former BRP holders, verify it online rather than by inspecting a card.

EU, EEA and Swiss citizens

Since 1 July 2021, an EU, EEA or Swiss citizen cannot prove their right to rent with a passport or national identity card. Their status must be verified online through a share code, usually on the basis of settled or pre-settled status under the EU Settlement Scheme. Settled status is unlimited and checked once; pre-settled status is time-limited and needs a follow-up. A person with no valid status at all cannot be let to.

Repeat checks: when and how

A time-limited (List B) right to rent needs a follow-up check, timed to whichever is earlier of the expiry of the tenant's leave or twelve months from your last check. Diarise it when you do the first check. If a follow-up shows the tenant no longer has the right to rent, your duty is to report it to the Home Office at [email protected]; you are not required to evict, which is a matter for the Home Office. Continuing to let after you know a tenant lacks the right to rent, without reporting it, can expose you to criminal liability.

Penalties for getting it wrong

The civil penalty regime was strengthened from 22 January 2024. The maximums are up to £10,000 per occupier for a first breach and £20,000 for a repeat, and up to £5,000 per lodger for a first breach and £10,000 for a repeat, a repeat being one after you have already received a penalty notice. Beyond the civil penalty, a landlord who knowingly lets to someone without the right to rent, or keeps letting once they know, commits a criminal offence under section 33A of the Immigration Act 2014, carrying up to five years' imprisonment. Where a first-breach civil penalty is paid within 21 days, a Faster Payment Option reduces it by 30 per cent. A proper check using one of the three methods gives the statutory excuse that stops the civil penalty arising at all, as the GOV.UK code of practice on right to rent sets out.

Right to rent in HMOs

The obligation applies to a house in multiple occupation exactly as to a single let: every adult occupying the HMO as their main home must be checked before their tenancy or licence begins, and a new check is required for each new occupant when a room turns over, because a check on the other occupants does not extend to a new arrival. In a student HMO, home students usually hold straightforward List A documents, while an international student on a visa has time-limited leave verified online and a follow-up to diarise.

Right to rent under the Renters' Rights Act 2025

The Renters' Rights Act 2025, in force since 1 May 2026, does not change the right to rent scheme itself: the duty, the three methods and the penalties are unchanged. It adds a possession route that connects to it. Where a tenant loses the right to rent during a tenancy and the Home Office serves the relevant notice, the landlord can seek possession under Ground 7B, a Section 8 ground. The Act also brings wider pre-tenancy obligations, including letting on a periodic tenancy from the outset and giving the tenant a written statement of terms with the current How to Rent guide, all set out in our Renters' Rights Act hub.

Avoiding discrimination

Because the check is required for every adult occupier whatever their nationality, applying it selectively, for instance only to people who appear to be from overseas, is unlawful discrimination under the Equality Act 2010. Run the same process for everyone: the same documents, checked the same way, recorded the same way. Doing so is also the surest way never to miss a check. The same even-handed approach runs through the rest of selection, which our guide to tenant referencing covers, and you can keep the right to rent check alongside your other pre-tenancy steps in August's compliance checklist.

Frequently asked questions

How do I check a tenant's right to rent?

Use one of three methods: check original documents in person for a British or Irish citizen or anyone with a valid physical document; use the Home Office online service with the tenant's share code and date of birth for anyone with digital status; or use a registered digital verification provider. Complete it before the tenancy begins, and keep a dated copy.

Can I still check a tenant over a video call?

No. The COVID-era adjusted checks ended on 30 September 2022. A manual check now means original documents in person. To check remotely, use the online service for anyone with digital status, or a registered provider for a British or Irish citizen.

My tenant has a BRP card. Do I just look at it?

No. Physical Biometric Residence Permits have been phased out and a card alone is no longer valid proof. The tenant proves their status online through their UKVI account by giving you a share code, which you check on GOV.UK.

What if a tenant has an application pending with the Home Office?

Use the Landlord Checking Service on GOV.UK. It returns a positive or negative notice within two working days, and a positive notice gives a statutory excuse for twelve months.

Do I need to check a British citizen who has lived here their whole life?

Yes. The check applies to every adult occupier regardless of where they were born. A current passport makes it straightforward, but it cannot be skipped. You can keep every check and renewal date in one place, and start with August for free.

Final thoughts

A right to rent check is quick once you know which of the three methods applies, and the whole of it comes down to one idea: do it properly, before the tenancy, for every adult, and record it, and you hold a statutory excuse that a £10,000 penalty cannot touch. Run the same process for everyone, diarise the List B follow-ups, and keep the dated copies safe for the tenancy plus a year.

Disclaimer: This article is a guide and not intended to be relied upon as legal or professional advice, or as a substitute for it. August does not accept any liability for any errors, omissions or misstatements contained in this article. Always speak to a suitably qualified professional if you require specific advice or information.