Right to rent
Right to rent is a legal scheme in England that requires private landlords, letting agents, and some live-in landlords to verify that every adult who will occupy a rented property as their main home has the legal right to do so under UK immigration law. It was introduced by the Immigration Act 2014 and the associated Immigration (Residential Accommodation) (Prescribed Requirements and Codes of Practice) Order 2014, and is supported by detailed Home Office right to rent guidance that is updated periodically. The scheme applies in England only, it does not apply in Scotland, Wales, or Northern Ireland.
Who must carry out right to rent checks
The duty falls primarily on the landlord granting a tenancy or licence. Where a letting agent has been given a written mandate by the landlord covering right to rent checks, the agent takes on the duty and the landlord is relieved of it for that tenancy, but the mandate must be in writing and must clearly cover the check obligation. Where there is no such mandate, responsibility remains with the landlord regardless of whether an agent is managing the property.
The duty applies to all adults aged 18 or over who will occupy the property as their main home, not just those named on the tenancy agreement. A lodger in a room within a shared house, an adult child of a named tenant, or a partner who will live at the property must all be checked. The landlord cannot limit checks to tenants alone.
Some categories of residential accommodation are exempt from right to rent checks, including social housing, student accommodation provided by educational institutions, accommodation arranged by local authorities for asylum seekers, and holiday accommodation. A full list of exemptions is set out in the Home Office landlord's guide.
Penalties for non-compliance
Where a landlord allows an adult without the right to rent in England to occupy a property as their main home, without having carried out a compliant check and established a statutory excuse, civil penalties apply. A first breach attracts a penalty of up to £10,000 per illegal occupier. Subsequent breaches attract a penalty of up to £20,000 per illegal occupier. Where the landlord knew or had reasonable cause to believe the occupier did not have the right to rent, a criminal offence is committed, carrying an unlimited fine and up to five years' imprisonment.
A landlord establishes a statutory excuse by carrying out the check correctly, seeing acceptable documents, copying them, and retaining the copies. The statutory excuse remains valid for the duration of any time-limited permission and through any follow-up check period. Without a statutory excuse, there is no defence to a civil penalty if an illegal occupier is found.
The Renters' Rights Act and anti-discrimination rules
The Renters' Rights Act 2025, in force from 1 May 2026, did not abolish right to rent checks, proposals to remove the scheme were debated but not adopted. The existing duties remain in full. However, the Act strengthens protections against discriminatory tenant selection. A landlord must not refuse to let, or impose less favourable terms, on the basis that an applicant has children or receives housing benefit or Universal Credit. Equally, a landlord cannot use right to rent as a pretext for discriminating on grounds of nationality or ethnicity, checking only applicants with foreign-sounding names, for example, is itself an unlawful act regardless of whether the checks themselves are compliant. Checks must be applied consistently to all adult prospective occupiers.
The process by which a landlord carries out a right to rent check, including which documents to accept, how to use a share code, and what records to keep, is set out in the August definition of the right to rent check.
August's compliance checklist tracks right to rent follow-up check dates for tenants with time-limited immigration status, flagging them before the statutory deadline.
For a full explanation of what a share code is, how tenants generate one, and how landlords use it to verify status, see the August guide to the right to rent and the share code.
Frequently asked questions
What is right to rent?
Right to rent is a legal requirement under the Immigration Act 2014 that obligates landlords in England to check, before a tenancy or licence begins, that every adult who will occupy the property as their main home has the legal right to rent residential property in England. It applies to private landlords, letting agents acting under a written mandate, and some live-in landlords. It applies in England only.
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 without having carried out a compliant check faces a civil penalty of up to £10,000 per illegal occupier for a first breach and up to £20,000 for subsequent breaches. Where the landlord knew or had reasonable cause to believe the occupier lacked the right to rent, a criminal offence is committed, carrying an unlimited fine and up to five years' imprisonment.
Did the Renters' Rights Act 2025 abolish right to rent?
No. Proposals to remove the scheme were debated during the Bill's passage through Parliament but not adopted. Right to rent duties remain in full from 1 May 2026, alongside the anti-discrimination provisions the Act strengthened, particularly the prohibition on refusing applicants with children or those receiving housing benefit.
