Why Right to Rent Checks Matter

If you let property in England, Right to Rent checks are not optional. The rules came in under the Immigration Act 2014 and apply to most private tenancies in England only — Scotland, Wales and Northern Ireland have their own arrangements. Before a new tenancy begins, you must check that every adult who will live in the property has the right to be in the UK.

Get it right and you gain what the Home Office calls a statutory excuse — legal cover against a civil penalty, provided you carried out the check properly and kept the evidence. Get it wrong, and the consequences are real. Civil penalties now run up to £5,000 per tenant for a first breach and up to £10,000 per tenant for repeat breaches. There is also a criminal offence of knowingly letting to someone who does not have the right to rent, which carries an unlimited fine and up to five years in prison. Non-compliance can also create serious problems if you later need to recover possession, so it is far better to build the check into your routine from day one.

Who You Need to Check, and When

The check covers every adult who will occupy the property as their only or main home. That means everyone named on the tenancy agreement, plus any other adult occupiers, including lodgers, subtenants and licensees. Children under 18 do not need checking.

Timing matters more than many landlords realise:

• Complete the check before the tenancy starts — before the agreement is signed and before keys are handed over.
• If the tenant has time-limited permission to be in the UK, do the check no more than 28 days before the tenancy begins, so the expiry date of their permission is captured.
• If the same tenants stay on and their permission is still valid, you generally do not need to repeat the check immediately.

Keep a simple calendar reminder for each tenancy. A missed diary note is one of the most common reasons landlords lose their statutory excuse.

The Documents That Prove a Right to Rent

The Home Office splits acceptable evidence into two lists. List A shows an unlimited right to rent and covers, for example, a British or Irish passport, a certificate of naturalisation or registration as a British citizen, or a UK birth or adoption certificate presented together with an official document showing a permanent National Insurance number. If a tenant provides a valid share code through the Home Office online service, that also works.

List B covers people with time-limited permission — a current passport containing a valid visa, a biometric residence permit, an immigration status document, or a share code showing limited right to rent. Most visa holders now prove their status with a share code rather than a physical document, so be ready to run the online check with them. The code must be current, and you should complete the check before the tenancy starts.

Never accept an expired document, and never assume that a passport alone is enough if the person is not a British or Irish citizen. Check the whole document, not just the photo page.

Copying and Storing Documents Correctly

Once you have seen the original documents, make a copy that cannot easily be altered — a photocopy, scan or clear photograph is fine. Copy every page that contains the person's details, including the photo, date of birth and any expiry date. Write the date you carried out the check on the copy, or record it in your notes.

If you cannot copy a document, make a written record of the details, sign it and date it yourself. Keep all evidence for at least two years after the tenancy ends, stored securely and in line with UK GDPR. If an agent carries out the check on your behalf, the legal duty still sits with you, so ask for copies of everything they inspected.

Repeat Checks When Permission Expires

Where a tenant has time-limited permission, a single check is not enough. You must carry out a follow-up check when their permission expires, or 12 months after the previous check — whichever is later. This is where the statutory excuse is most often lost.

Do the follow-up in the same way as the original: see the current documents or a fresh share code, copy them, and note the date. If the tenant cannot show a right to rent, do not simply stop there — take proper advice and, where required, report the matter to the Home Office. Handling this sensitively and promptly protects both you and the tenant.

Avoiding Discrimination and Other Common Pitfalls

Right to Rent checks must be applied to everyone, not just applicants who sound or look foreign. Singling people out by nationality, accent or name is unlawful discrimination, and it can land you in hot water with the courts. Use one standard process for every applicant and keep it consistent.

• Check all adult occupiers, not only those on the tenancy agreement.
• Record the date of every check, including video-call checks.
• Do not accept copies before seeing originals, unless you are using a share code.
• Set reminders for visa expiry dates at the start of the tenancy.
• Remember the scheme applies in England — different rules apply elsewhere in the UK.

Done well, the whole process takes a few minutes per tenant and gives you genuine peace of mind. Build it into your referencing routine, keep tidy records, and you will have a compliant, defensible tenancy from the very first day.