Right to Rent checks: What landlords must verify by law
Right to Rent is the legal requirement for private landlords in England to confirm that every adult who will occupy their property has the legal right to rent residential property in the UK. It was introduced under the Immigration Act 2014 and applies to all private residential tenancies in England. It does not apply to tenancies in Scotland, Wales, or Northern Ireland, which have separate arrangements.
The check must be completed before the tenancy begins and before keys are handed over. It cannot be done retrospectively once a tenant has moved in.
Who must be checked
Every adult aged 18 or over who will occupy the property as their only or main home must be checked, regardless of whether they are named on the tenancy agreement. This includes unnamed partners, adult children, and any lodger who is present. Nationality is not a factor in determining who requires a check. British and Irish citizens require a check in the same way as anyone else.
If a new adult moves into the property during the tenancy, they must also be checked before they take up occupation.
The three routes for conducting a check
There are three lawful ways to verify a tenant's right to rent, according to the government's landlord guidance updated in August 2026.
The first is a manual check using original hard copy documents. The landlord meets the tenant in person, examines original documents, confirms they are genuine and that the holder appears to be the person named, and retains a dated copy. A list of acceptable documents is published in the government's right to rent code of practice.
The second is the Home Office online right to rent service, used where a tenant holds a biometric residence permit, a biometric residence card, or has been granted status under the EU Settlement Scheme and holds an eVisa. The tenant generates a share code which the landlord uses to conduct the check at the government's online service. This route requires no physical documents to be produced.
The third is a digital identity verification service. From 1 October 2026, this route requires the use of a registered digital verification service provider, known as a Right to Rent DVSP. These are providers registered with the government specifically for this purpose. Using an unregistered digital service after 1 October 2026 does not provide a valid statutory excuse. For British and Irish passport holders, identity document validation technology operated by a registered IDSP has been an option since 2022 and remains available.
Keeping records
Landlords must retain a copy of the documents checked, or a record of the online check, for the duration of the tenancy and for 12 months after it ends. Copies must be dated. If a tenant has a time-limited right to rent, a follow-up check must be conducted when that right approaches its expiry. The government's guidance sets out the specific timescales for follow-up checks.
What happens if the check is not carried out
The NRLA's Right to Rent guidance is clear about the consequences of non-compliance. Landlords who fail to carry out correct checks face civil penalties of up to £10,000 per occupier for a first breach, and up to £20,000 per occupier for repeat breaches. Criminal prosecution, which can result in a prison sentence, applies in the most serious cases. A correctly completed check provides a statutory excuse against these penalties even if a tenant is later found not to have the right to rent, provided the documents checked appeared genuine.
Using a letting agent
Where a letting agent carries out Right to Rent checks on a landlord's behalf, this should be clearly established in writing between the parties. The contractual arrangement must specify that the agent is taking on responsibility for the checks. Even with an agent in place, landlords should confirm that the checks have been completed and records retained correctly.
Talk to our lettings team about managing your tenancies
