Right to rent check UK: How to check a tenant’s right to rent
In the UK, the “right to rent” scheme mandates that landlords and agents verify the immigration status of prospective tenants to make sure they have the legal right to reside in the UK. This guide provides an in-depth look into the right to rent checks, outlining the responsibilities of landlords and tenants, the checking process, potential consequences of non-compliance, and recent legislative updates.
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What is right to rent?
A right to rent check is a legal requirement for landlords and letting agents in England to confirm that a tenant has the legal right to live in the UK before a tenancy begins. This involves checking official documents or using the Home Office online system to verify a tenant’s immigration status. Right to rent checks apply to all adult occupiers aged 18 or over, even if they are not named on the tenancy agreement. They are a mandatory part of the letting process and must be completed before the tenant moves into the property.
Does right to rent apply to all tenancies?
Right to rent applies to almost all private sector landlords in England. However, there are some exemptions which includes, short term holiday lets, accommodation that has been provided by the tenant’s employer, student lets that have been housed by an educational institution and mobile homes.
It’s important to remember that lodger agreements are included within the right to rent legislation and must have a check performed.
Who is responsible for checking someone’s right to rent?
Landlords and agents in the UK are legally required to check that all tenants over the age of 18, including family members, carers, and lodgers, have the right to rent before renting a property. For non-UK citizens, this check must be done at least 28 days before the tenancy begins.
Additionally, if a tenant sublets their property, they take on the role of a landlord for the subtenant and are responsible for checking the right to rent of anyone they sublet to.
How to check a tenant’s right to rent
Conducting right to rent checks
To verify a tenant’s right to rent, landlords can follow these steps:
Determine eligibility: Assess the tenant’s nationality or immigration status. UK citizens and individuals with settled or pre-settled status have the right to rent. Non-EEA nationals typically need a visa or residence permit.
Online verification: Utilise the Home Office’s online right to rent checking service, which provides real-time immigration status information. Tenants provide a share code, which allows you to check their status digitally.
Manual document checks: Examine original documents such as passports, residence permits, or biometric residence cards. Make sure that documents are valid and unaltered.
Follow up checks: If a tenant has a time-limited right to rent, schedule follow-up checks before the expiry of their current permission to stay.
Record keeping: Maintain copies of all documents and records of checks conducted, including dates and outcomes, for at least one year after the tenancy ends.
Does right to rent apply across the UK?
Right to rent checks only apply in England. Landlords in Scotland, Wales and Northern Ireland are not legally required to carry out these checks. However, many landlords and agents still carry out identity checks as part of their referencing process.
Consequences of not having the right to rent
If someone does not have the right to rent in the UK and is renting a property, there can be significant consequences for both landlords and tenants. Tenants who lack the right to rent may face eviction, fines, or even criminal charges if they provide false information. Additionally, they may find it more difficult to rent in the future due to a damaged rental history.
What happens if you do not carry out a right to rent check?
For landlords, failing to comply can result in a fine of up to £20,000 per tenant. As of December 2016, the Government also introduced additional penalties and landlords face potential imprisonment for failure to check their tenant’s right to rent status. Landlords may also face loss of rent income if they need to evict a tenant and reputational damage, making it harder to attract future tenants. Both tenants and landlords are legally required to follow these checks to avoid these serious legal and financial consequences.
New code of practice
The new legislation, which came into effect in February 2024, has significantly increased the penalties for failing to carry out the right to rent checks. Previously, landlords faced fines of £1,000 per occupier for first-time offenses.
Under the new rules, the fine has risen to up to £10,000 for a first-time violation. For repeated offenses, the fines have increased from £3,000 to £20,000 per tenant.
This change aims to enforce stricter compliance with right to rent checks and highlight the importance of landlords properly verifying tenants’ immigration status before renting out a property.
Landlord checks and discrimination
Under the Equality Act 2010, it is illegal for a landlord or agency to discriminate against a tenant based on protected characteristics such as race, gender, nationality, or immigration status. While landlords are required to carry out right to rent checks, they must make sure these checks are applied fairly, consistently, and without bias.
Discriminating against tenants because of their immigration status or any other protected characteristic is unlawful, and landlords must be careful to comply with both immigration and equality laws when renting out their properties.
Right to rent checks and the 2026 rental reforms
From 1 May 2026, wider changes to the private rented sector will apply in England under the Renters’ Rights Act.
While right to rent checks remain a separate legal requirement, they form part of a broader compliance framework that landlords must follow.
Alongside right to rent checks, landlords will also need to:
- provide clearer written tenancy information
- follow updated rules around possession and tenancy structure
- maintain accurate records throughout the tenancy
This makes it more important than ever to carry out right to rent checks correctly and keep clear evidence as part of your compliance process.
Checklist for right to rent compliance
To stay compliant with the right to rent UK regulations, landlords should follow this quick checklist:
| Task | Action required |
|---|---|
| Initial check | Verify all adult tenants’ legal status before tenancy begins |
| Use GOV.UK tools | Use the online Home Office tool or manual ID checks |
| Record keeping | Store copies of documents for at least one year after tenancy ends |
| Re-check if needed | Conduct follow-up checks before expiry of time-limited permissions |
| Avoid discrimination | Apply checks consistently and without bias |
| Know the penalties | Understand new fine limits: £10,000+ for first offences, £20,000 for repeat offences |
| Use agents properly | Have a signed agreement if the letting agent is performing checks on your behalf |
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Staying compliant with right to rent checks and deposit protection
Carrying out a right to rent check is just one part of your legal responsibilities as a landlord. You must also make sure that any tenancy deposit is protected in a government-authorised scheme and that all required information is provided to tenants within the correct timeframes.
As regulatory requirements continue to evolve, particularly with the introduction of the Renters’ Rights Act from 1 May 2026, landlords need to take a more structured approach to compliance. This means keeping clear records of checks, documentation and communication throughout the tenancy.
Alongside right to rent checks, landlords should also:
- protect the deposit within 30 days
- provide prescribed information and key tenancy documents
- issue the How to Rent guide and any new required documents
- maintain accurate records to support any future dispute or claim
Using a trusted deposit protection provider like mydeposits helps landlords and letting agents stay compliant, manage deposits efficiently and access support if issues arise at the end of a tenancy.
Whether you choose an insured-backed option, where you hold the deposit, or a custodial scheme, mydeposits provides a simple and reliable way to meet your legal obligations.
Join mydeposits today to protect your deposits and simplify compliance in 2026 and beyond.
Conclusion: Why right to rent compliance matters
The right to rent UK legislation is more than just a checkbox – it’s a legal safeguard for tenants and a compliance requirement for landlords. With fines reaching £20,000 per tenant and the possibility of criminal prosecution, staying up to date with the latest requirements is essential for every property professional.
By understanding your responsibilities, using the right tools, and following a consistent process, you can avoid penalties, protect your tenants, and operate your rental business with confidence.
For full guidance on compliant renting practices and answers to the most commonly asked questions, such as ‘what is a valid right to rent check?’, ‘when should right to rent checks be done?’ and ‘who has the right to rent in the UK?, visit the GOV.UK right to rent hub or see our partner site Total Landlord’s ultimate guide to right to rent checks.
Frequently asked questions
What documents are acceptable for right to rent checks?
Acceptable documents include valid passports, residence permits, and biometric residence cards. A comprehensive list is available on the UK government’s official website.
Are right to rent checks required for tenancy renewals?
If the tenant’s immigration status is time-limited, follow-up checks are necessary before the expiry of their current permission. For tenants with indefinite right to rent, additional checks are not required upon renewal.
Can landlords delegate right to rent checks to letting agents?
Yes, landlords can delegate this responsibility to letting agents, but it should be clearly outlined in a written agreement.
What should landlords do if a tenant fails a right to rent check?
Landlords should not proceed with the tenancy and may need to report the individual to the Home Office, following legal guidelines.
Do right to rent checks apply to all rental properties in the UK?
The checks are mandatory in England. Scotland, Wales, and Northern Ireland do not currently require right to rent checks.
How can tenants prove their right to rent in the UK?
Tenants can prove their right to rent by providing valid documentation such as a UK passport, a biometric residence card, or by generating a share code via the Home Office online right to rent service. This code can be shared with landlords, allowing them to verify immigration status in real time.
What happens if a tenant’s immigration status changes?
Landlords must conduct follow-up checks before the tenant’s right to rent expires. If the tenant no longer has the right to rent, landlords must report this to the Home Office and may be required to take legal steps to end the tenancy.
Can landlords face criminal charges for ignoring checks?
Yes. In addition to civil penalties (fines), landlords who repeatedly or knowingly rent to disqualified tenants may face criminal prosecution, including imprisonment of up to 5 years under the Immigration Act 2016.
Complete your compliance with mydeposits
Right to rent is one piece of a wider compliance puzzle. Alongside it sit deposit protection, Prescribed Information, the How to Rent guide, and a growing list of documents landlords must get right from the very start of a tenancy. Missing any single step can expose you to serious penalties and undermine the rest.
For landlords and letting agents
Carrying out right to rent checks protects you against significant fines, but your compliance responsibilities don’t stop there. If you’ve taken a deposit, you’re legally required to protect it within 30 calendar days using a government authorised scheme and provide the tenant with the Prescribed Information in the same window. Join mydeposits now to tick off a key part of your compliance framework and access the documentation and support you need.
For tenants
Been through a right to rent check and want to make sure the rest of your tenancy has been set up correctly? Check your deposit here to confirm it has been properly protected and find out what to do if something is missing.
Alongside right to rent checks and tenancy documentation, mydeposits gives landlords, letting agents, and tenants a reliable foundation for a compliant tenancy, with impartial dispute resolution on hand if things do not go to plan.