Right to Rent Checks: The Complete Landlord Guide for 2026

Every landlord must check tenants' right to rent before the tenancy begins. Updated guidance from 26 June 2025. Three check routes, £20,000 penalty per tenant — here's what to do.

Before handing over keys to any new tenancy in England, you must check that every adult occupier has the right to rent. This is not optional and cannot be assumed — a landlord who lets to someone without the right to rent faces a civil penalty of up to £20,000 per tenant. The updated guidance, which applies to checks conducted on or after 26 June 2025, is the current standard.

Who must be checked

The Right to Rent Scheme applies to residential tenancy agreements first entered into on or after 1 February 2016 throughout England. Every adult who will occupy the property as their only or main home must be checked before the tenancy begins — not just the named tenant on the agreement.

Three ways to carry out the check

1. Manual document-based check

You check the tenant's original documents yourself. This is the required route for British and Irish citizens, who cannot access share codes.

Three steps must all be completed before the tenancy begins:

Step 1 — Obtain the originals. Check they are genuine, belong to the tenant, and have not been altered. Biometric residence cards and permits cannot be accepted directly — if the tenant has one of these, ask for a share code instead.

Step 2 — Check validity. Photos must match; dates of birth must be consistent across documents; expiry dates must not have passed. Where documents carry different names, check for a supporting document explaining the difference (marriage certificate, deed poll).

Step 3 — Copy and retain. Copy each document in a format that cannot be manually altered and retain the copy securely for at least one year after the tenancy ends, then securely destroy them. Record the date of the check.

Documents fall into List A (permanent right to rent — one check for the lifetime of the tenancy) and List B (time-limited right — requires a follow-up check before permission expires). The full lists are in the document check user guide.

2. Share code online check

Tenants with a biometric residence card or permit, settled or pre-settled status under the EU Settlement Scheme, a visa obtained via the UK Immigration ID Check app, or an eVisa can generate a share code. Check the share code at the GOV.UK right to rent service, which shows the tenant's current immigration status. Save the resulting profile page as your record.

If the tenant can prove their right to rent using an accepted original document, you cannot insist they use the online service — the choice is theirs. British and Irish citizens cannot generate share codes.

3. Digital Verification Service (DVS)

Registered Digital Verification Service providers verify documents digitally on your behalf. Using a registered DVS establishes a statutory excuse in the same way as a manual check.

What a statutory excuse means

A statutory excuse is your defence against a civil penalty. If you follow the prescribed check process before the tenancy begins and retain the records, you have a statutory excuse even if the tenant later turns out not to have the right to rent — provided the false document was not "reasonably apparent" as a forgery to an untrained person examining it carefully.

When the tenant has no documents

Where a prospective tenant cannot produce valid documents or a share code, use the Home Office Landlord Checking Service. This can confirm a right to rent where the Home Office holds documents, or the tenant has an outstanding application or appeal. You need the tenant's Home Office reference number.

Do not proceed with a tenancy if all three of the following are true: the tenant has no valid documents, no valid share code, and the Home Office Landlord Checking Service says they are not allowed to rent.

Follow-up checks

Where a tenant's right to rent is time-limited (List B documents, time-limited share code, or a time-limited Landlord Checking Service result), you must carry out a follow-up check before permission expires. If permission has expired and the tenant cannot show a continuing right to rent, you have a duty to report to the Home Office.

Penalties

Civil penalty: up to £20,000 per tenant for letting to someone without the right to rent
Criminal offence: where you knew or had reasonable cause to believe the occupier had no right to rent — up to 5 years' imprisonment

These are separate enforcement routes. The civil penalty requires no finding of knowledge.

Right to Rent and your pre-tenancy checklist

Right to Rent sits alongside gas safety, EICR, EPC, deposit protection, and the Information Sheet as a pre-tenancy compliance step. mypy's compliance hub tracks which pre-tenancy checks are complete for each property. Free for up to 2 properties.

Frequently asked questions

Does Right to Rent apply to all tenancies, or just new ones?

The Scheme applies to residential tenancies started on or after 1 February 2016 in England. Any renewal or new tenancy starts a fresh obligation.

I am using a letting agent. Am I still responsible?

If you have formally appointed a letting agent in writing to carry out Right to Rent checks on your behalf, the agent assumes liability. Without a formal written appointment, you remain liable as the landlord.

Can I insist on a British tenant providing a passport?

You can request a document from List A but cannot insist on a specific document. A birth certificate combined with a national insurance number confirmation may satisfy the check. See the document check user guide for the full acceptable list.

How long must I keep copies of the documents?

At least one year after the tenancy ends. Store securely (locked filing cabinet or encrypted digital storage). Securely destroy copies after the retention period under UK GDPR.

My tenant's visa is about to expire. What should I do?

Conduct a follow-up check before expiry. If the tenant has an application pending, use the Landlord Checking Service. Do not wait until after the expiry date.

Sources

This article is general guidance, not legal advice. Verify your obligations against current GOV.UK guidance or seek professional advice for your circumstances. Last reviewed 2026-07-06.