Right to rent

Right to rent is a legal scheme in England that requires landlords to confirm, before a tenancy begins, that everyone aged 18 or over who will live in a property as their only or main home is legally allowed to rent here under UK immigration law. It applies to every adult occupier whatever their nationality, including British and Irish citizens, and it covers private tenancies, lodgers and licences. Introduced by the Immigration Act 2014, it has applied across England since 1 February 2016 and does not apply in Scotland, Wales or Northern Ireland. For a tenant, it means being asked to prove status before moving in; for a landlord, it is a legal duty that carries a penalty of up to £10,000 per occupier if it is skipped.

Who the duty falls on

The duty sits with the landlord granting the tenancy. It passes to a letting agent only where the landlord has given the agent a written mandate that clearly covers right to rent checks; without that written agreement, the responsibility stays with the landlord even where an agent manages the letting.

The check covers every adult who will occupy the property as their main home, not only the people named on the tenancy agreement. A lodger, the adult child of a named tenant, or a partner moving in must each be checked. A landlord cannot lawfully limit checks to the named tenants, nor apply them selectively to some occupiers and not others.

Certain accommodation is exempt, including social housing, student accommodation provided by an educational institution, accommodation arranged by a local authority for asylum seekers, and holiday lets. The full list is in the Home Office landlord's guide.

How status is proved

A landlord establishes right to rent through one of three routes, depending on the documents the occupier holds: a manual check of original documents, the Home Office online service using a share code, or a registered digital verification provider. Documents fall into two groups. A List A document, such as a British passport or settled status, gives an unlimited right to rent and is checked once. A List B document, such as a visa with time-limited leave or pre-settled status, gives a time-limited right and requires a follow-up check. The step-by-step process, the documents each route accepts, and how a tenant generates a share code are covered in our guide to carrying out a right to rent check and our guide to the right to rent and the share code.

The statutory excuse

Carrying out the check correctly, seeing and copying acceptable documents and keeping the dated copies, gives the landlord a statutory excuse, a complete defence against a civil penalty if the occupier later turns out to have had no right to rent. The excuse lasts for the duration of any time-limited permission and through the follow-up check period. Without it, there is no defence to a penalty. The copies are personal data, so they must be stored securely under UK data protection law and kept no longer than the tenancy plus one year, a matter overseen by the Information Commissioner's Office.

Penalties

Letting to an adult without the right to rent, where no compliant check established a statutory excuse, carries a civil penalty of up to £10,000 per occupier for a first breach and up to £20,000 for a repeat. Where the landlord knew, or had reasonable cause to believe, that the occupier lacked the right to rent, it becomes a criminal offence under the Immigration Act 2014, carrying an unlimited fine and up to five years' imprisonment. The maximum civil penalties were raised to these levels on 22 January 2024.

Right to rent and the Renters' Rights Act 2025

The Renters' Rights Act 2025, in force since 1 May 2026, did not abolish right to rent; proposals to remove the scheme were debated during the Bill's passage but not adopted, so the duty, the methods and the penalties all remain. The Act does two things around it. It adds a possession route, Ground 7B under Section 8, where an occupier loses the right to rent during a tenancy and the Home Office serves the relevant notice. And it strengthens the rule against discriminatory selection: a landlord must not refuse an applicant, or impose worse terms, because they have children or receive benefits, and must not use right to rent as a cover for discrimination on nationality or ethnicity. Checking only applicants with foreign-sounding names is itself unlawful under the Equality Act 2010, regardless of whether the checks are otherwise compliant. The checks must be applied identically to every adult occupier. The wider regime is set out in our Renters' Rights Act hub.

Frequently asked questions

What is right to rent?

A legal requirement under the Immigration Act 2014 for landlords in England to confirm, before a tenancy or licence begins, that every adult who will live in the property as their main home is legally entitled to rent here. It applies to private landlords, to letting agents acting under a written mandate, and to live-in landlords taking lodgers, in England only.

Does right to rent apply to British citizens?

Yes. The check applies to every adult occupier regardless of nationality or where they were born. A British citizen usually proves it with a current or expired UK passport, but the check cannot be skipped, and checking only those who appear foreign is unlawful discrimination.

What happens if a landlord does not carry out a right to rent check?

A landlord who lets to someone without the right to rent, having carried out no compliant check, faces a civil penalty of up to £10,000 per occupier for a first breach and £20,000 for a repeat. Where the landlord knew or had reasonable cause to believe the occupier lacked the right, it is a criminal offence carrying an unlimited fine and up to five years' imprisonment.

Did the Renters' Rights Act 2025 abolish right to rent?

No. Removing the scheme was debated during the Bill's passage but not adopted. The duties remain in full from 1 May 2026, alongside the strengthened rules against refusing applicants who have children or receive benefits. If you want your right to rent follow-up dates tracked automatically, you can start with August for free.