What is the right to rent and the share code?

The right to rent check is one of the most important compliance steps landlords in England must complete before letting a property. Introduced in 2014 and extended nationwide in 2016, the scheme requires landlords to verify that prospective tenants have legal permission to rent residential property in England. Central to this process is the right to rent share code, a digital tool that has become the primary method for checking immigration status.

Understanding how the right to rent works, when and how to use a share code, and what happens if you get it wrong can protect you from civil penalties of up to £10,000 per tenant, or £20,000 for repeat breaches, and in some cases, criminal prosecution. This article explains what landlords need to know about right to rent checks and share codes, including practical steps for staying compliant.

What is the right to rent?

The right to rent is a legal requirement under the Immigration Act 2014. It obliges landlords in England to check that all adults who will occupy their rental property have permission to be in the UK. The policy aims to prevent illegal immigration by making it harder for people without legal status to access private rented accommodation.

The scheme applies only in England. Landlords in Scotland, Wales, and Northern Ireland are not required to carry out right to rent checks, and applying the rules outside England can create discrimination issues or confusion for tenants.

If you let a property to someone who does not have the right to rent, and you have not conducted the check properly, you may face a civil penalty. If you knowingly rent to someone without permission, you could face up to five years in prison and an unlimited fine. Conducting a compliant check provides you with a statutory excuse, which protects you from penalties even if the tenant's immigration status later changes.

Who needs to be checked?

Right to rent checks apply to all adults aged 18 or over who will occupy the property under the terms of the tenancy. This includes tenants named on the agreement, as well as any other adults living in the property with the landlord's knowledge and permission.

British and Irish citizens have an automatic, unlimited right to rent and do not need to generate a share code. Instead, they can prove their status using physical documents such as a current or expired British or Irish passport, or a UK birth certificate alongside a valid UK driving licence.

Non-British and non-Irish nationals may need to prove their right to rent using either acceptable physical documents or, increasingly, a share code generated through the UK Home Office online service. This includes EU, EEA, and Swiss nationals with settled or pre-settled status under the EU Settlement Scheme, visa holders whose status is recorded digitally, and anyone holding a biometric residence permit or card.

What is a right to rent share code?

A right to rent share code is a unique, nine-character alphanumeric code generated through the official GOV.UK service. The code allows landlords to check a prospective tenant's immigration status online without needing to interpret physical immigration documents themselves.

Share codes are purpose-specific. A right to rent share code will begin with the letter "R" and must be used only for rental checks during tenant vetting. Codes generated for other purposes, such as proving the right to work, cannot be used for right to rent checks, and vice versa. Each code is valid for 90 days from the date of generation and can be used multiple times during that period.

The share code itself does not prove a right to rent. It simply provides access to the Home Office system, which displays whether the person has permission to rent and, if so, whether that permission is unlimited or time limited. The landlord must use the code through the official online checking service to obtain a result that can form the basis of a statutory excuse.

How tenants generate a share code

Tenants who need to prove their right to rent using a share code must generate it themselves via the GOV.UK website. The process requires the tenant to provide their date of birth and details of one of the following:

• A biometric residence permit (BRP) - usable for 18 months after the expiry date printed on the card

• Settled or pre-settled status under the EU Settlement Scheme

• A visa applied for using the UK Immigration: ID Check app

• A UK Visa and Immigration (UKVI) account number

Once the tenant completes the online form and selects "prove your right to rent" as the reason for generating the code, the system issues a nine-character code. This code should be shared with the landlord or letting agent, along with the tenant's date of birth.

The code is valid for 90 days, so if a tenancy application takes longer than expected, or if the tenant applies to multiple properties, they may need to generate a fresh code. Expired codes cannot be used, and landlords should always verify that the code provided is current and begins with the letter "R".

How landlords check a right to rent share code

Once a landlord receives a share code and the tenant's date of birth, they must use the official GOV.UK service to complete the check. The service is free and available to landlords, letting agents, and anyone acting with the landlord's permission.

When you enter the share code and date of birth, the system displays the tenant's immigration status. This includes:

• Their photograph and biographical details (name, date of birth, nationality)

• Whether they have the right to rent

• Whether that right is unlimited or time-limited

You must verify that the photograph and details shown on the screen match the person you are dealing with. If they do not match, you should not proceed with the tenancy. Instead, ask the tenant to resolve the issue through the UKVI Resolution Centre or use the Landlord Checking Service for manual verification.

If the tenant has a time-limited right to rent, the result will show the expiry date of their permission. You must make a note of this date, as you will need to conduct a follow-up check before it expires in order to maintain your statutory excuse. Failing to do so exposes you to penalties if the tenant's status changes.

Once the check is complete, save a clear copy of the result page. You must keep this record for at least one year after the tenancy ends. This evidence is critical if you are ever challenged on whether you completed a compliant check.

Time-limited right to rent

Many tenants checked using a share code will have time-limited permission to be in the UK. This is common for those on student visas, work visas, or pre-settled status under the EU Settlement Scheme. Time-limited permission does not prevent you from letting to that tenant, but it does create an ongoing compliance obligation.

Before the tenant's permission expires, you must conduct a follow-up right to rent check. The initial result page will tell you when this follow-up check is due. If the tenant can still prove their right to rent at that point, you can continue the tenancy and obtain a fresh statutory excuse. If they cannot, you must report the matter to the Home Office to maintain your protection from penalties.

Some landlords worry about tenancy agreements that run beyond the tenant's current permission. This is not a problem at the outset, provided you conduct the initial check correctly and schedule a follow-up check before the permission expires. However, you should be clear with the tenant about the need for a follow-up check and factor this into your property management workflow.

Tools like August's compliance checklist can help you track follow-up check dates alongside other compliance tasks like gas safety certificates and electrical safety checks, ensuring nothing slips through the cracks.

Checking physical documents instead of a share code

Not all tenants will be able to provide a share code. British and Irish citizens cannot generate one, and some non-British nationals may prefer to present physical immigration documents instead. Landlords cannot refuse to accept eligible physical documents simply because they would prefer to use a share code. The tenant has the right to choose which method they use to prove their right to rent.

Acceptable documents for British and Irish citizens include a current or expired passport, or a UK birth certificate combined with an official document showing their National Insurance number, such as a P45, P60, or letter from HMRC.

For non-British nationals who cannot or choose not to use a share code, acceptable documents include a current passport with a valid visa, a biometric residence permit, or a Certificate of Application showing they have applied for status under the EU Settlement Scheme while a decision is pending.

When checking physical documents, you must examine the originals in the presence of the prospective tenant. You should verify that the documents reasonably appear to be genuine and belong to the person presenting them. Take clear copies or scans of the documents, record the date you made the check, and store these records securely for at least one year after the tenancy ends.

If you are unsure whether a document is acceptable or appears to be false, you can use the Landlord Checking Service by calling 0300 069 9799. This service is provided by the Home Office and can confirm whether a person has the right to rent when their documentation is unclear or unavailable.

Avoiding discrimination

Right to rent checks must be applied fairly and consistently to all prospective tenants, regardless of nationality, ethnicity, or immigration status. It is unlawful to discriminate against someone because of their race, nationality, or perceived immigration status. This means you cannot refuse to rent to someone, charge higher rent, or apply more stringent checks simply because they are not a British citizen or because they have an accent or foreign-sounding name.

The Equality and Human Rights Commission has issued guidance making it clear that landlords must not use right to rent checks as a pretext for discrimination. You should apply the same checking process to every adult occupant, and you should not make assumptions about a person's status based on their appearance or background.

Some landlords avoid letting to anyone who is not a British or Irish citizen because they find the checking process complicated or risky. This approach is unlawful and exposes you to claims under the Equality Act 2010. If you are unsure how to conduct a compliant check for a particular tenant, seek guidance from the Landlord Checking Service or consult a legal professional rather than refusing the application outright.

What happens if you get it wrong?

Failing to conduct a compliant right to rent check can result in a civil penalty of up to £10,000 for a first breach, and up to £20,000 for repeat breaches. These penalties are issued per tenant, so if you let to multiple people without checking, the fines can accumulate quickly.

In more serious cases, where a landlord knowingly lets to someone without the right to rent, criminal prosecution may follow. The maximum penalty is up to five years in prison and an unlimited fine. The prosecution must prove that you knew, or had reasonable cause to believe, that the tenant did not have permission to rent. This is why conducting and documenting proper checks is so important.

Even if you have conducted a check, you may still face penalties if you did not do so correctly. Common mistakes include failing to check all adults who will occupy the property, accepting documents that are not on the acceptable documents list, not keeping proper records, or failing to conduct follow-up checks for tenants with time-limited permission.

If you are issued with a civil penalty, you have the right to object and request a review. The Home Office must consider your objection and provide a written response. If the penalty is upheld, you may appeal to the county court. However, the best approach is to ensure your checks are compliant from the outset.

Practical steps for landlords

Conducting right to rent checks does not need to be complicated, but it does require attention to detail. Here are the practical steps to follow:

1. Before advertising the property - Decide how you will conduct checks and ensure you understand the process. If you use a letting agent, confirm they will handle checks on your behalf and that they are competent to do so.

2. At the point of application - Make it clear to prospective tenants that you will need to verify their right to rent before finalising the tenancy. This avoids surprises and allows tenants to prepare the necessary documents or share code in advance.

3. Request the share code or documents - Ask all adults who will live in the property to provide a right to rent share code, for non-British, non-Irish nationals who have digital status, or acceptable physical documents. If they provide a share code, verify it is current and begins with "R".

4. Complete the online check or document check - Use the GOV.UK service to check the share code, or examine original documents in person. Verify that the photograph and details match the person in front of you. If anything seems inconsistent, do not proceed until the issue is resolved.

5. Save the evidence - Take a clear copy of the result page or scanned copies of documents, and record the date of the check. Store these records securely in line with data protection requirements. August's document management feature keeps all compliance records in one place, making it easy to retrieve them if needed.

6. Schedule follow-up checks - If the tenant has time-limited permission, set a reminder to conduct a follow-up check before their permission expires. This is essential for maintaining your statutory excuse.

7. Report changes - If a follow-up check reveals the tenant no longer has the right to rent, report this to the Home Office. You must do this to protect your statutory excuse, even if the tenant remains in the property while the situation is resolved.

Storing and managing compliance records

Keeping accurate records is fundamental to demonstrating compliance. You must retain evidence of every right to rent check for at least one year after the tenancy ends. This includes copies of share code result pages, scanned documents, and any correspondence with the Landlord Checking Service.

Property management software designed for UK landlords can simplify this process significantly. August's platform allows you to upload and organise compliance documents by property and tenant, set reminders for follow-up checks, and track all compliance tasks in one place alongside other obligations such as deposit protection, gas safety, and HMO licensing.

If you manage multiple properties or HMOs, this kind of structured record-keeping becomes even more important. Having everything in one system reduces the risk of missing a follow-up check or losing critical documentation.

Common questions

Do I need to check right to rent if the tenancy is less than three months?

Yes. There is no exemption for short-term lets or holiday rentals if they fall within the definition of a residential tenancy in England.

Can I check a tenant's right to rent before they provide a share code?

No. You need the share code and the tenant's date of birth to complete the online check. If a tenant cannot provide a share code, they must present acceptable physical documents.

What if a tenant's share code has expired?

Expired codes cannot be used. Ask the tenant to generate a fresh code via GOV.UK and provide it to you. The new code will be valid for another 90 days.

Do I need to check right to rent for lodgers?

Right to rent

In summary

The right to rent scheme is a permanent feature of lettings in England, and share codes have become the primary method for verifying immigration status. Landlords who understand how the system works, conduct checks correctly, and keep proper records can protect themselves from penalties while ensuring a smooth onboarding process for tenants.

Using digital tools like share codes makes checks faster and more reliable than interpreting physical documents, but landlords must still follow the process carefully. Verifying that the photograph matches the person, checking the validity period, and scheduling follow-up checks for time-limited permission are all essential steps.

For landlords managing multiple tenancies or looking to streamline compliance, tools like August provide a clear framework for staying on top of right to rent checks alongside other obligations. By treating compliance as a structured, ongoing process rather than a one-off task, you reduce risk, protect your income, and create a better experience for tenants.

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.