Reviewed: 6 September 2026
Right to Rent is a legal check that private landlords and letting agents must carry out in England before letting most residential accommodation to an adult. A compliant check can give the landlord a statutory excuse against a civil penalty. The rules do not apply in Scotland, Wales or Northern Ireland.
In this guide
Who needs a Right to Rent check?
Check every proposed adult occupier aged 18 or over, whether or not they are named on the tenancy agreement. Apply the same process consistently: a landlord must not decide who to check from a person’s nationality, accent, name, appearance, ethnicity or religion. The duty generally applies to agreements entered into on or after 1 February 2016 in England (with earlier start dates in the original West Midlands pilot).
The Home Office landlord’s guide to Right to Rent checks sets out the arrangements that are within and outside the scheme, including exclusions. Check the current guidance for unusual arrangements such as lodgers, social housing, student accommodation and holiday lets.
Choose the correct checking route
There are three main routes. A check must be completed before the tenancy starts; the government guidance explains the detailed steps, acceptable evidence and timing.
- Online check: use the Home Office online service where the tenant provides a Right to Rent share code and date of birth. This is required for people who can only evidence their status digitally, such as many eVisa holders.
- Manual document check: inspect the original acceptable documents in the tenant’s presence (or follow the current permitted remote process), check they appear genuine and belong to the holder, then make and retain a clear copy.
- Landlord Checking Service: use this where the official guidance says it is necessary, including certain outstanding Home Office applications. Keep the positive right-to-rent notice if one is issued.
Landlords may use a certified identity service provider for the permitted digital identity verification of British and Irish citizens with valid passports or Irish passport cards. This does not remove the need to follow the Home Office rules for the check as a whole. See the official Right to Rent service for the tenant-facing route and current guidance.
Follow-up checks and record keeping
A person with an unlimited right to rent does not need a repeat check. For a time-limited right to rent, diarise the follow-up date specified by the rules. If the occupier cannot provide fresh evidence but says they still have a right to rent, make a request to the Landlord Checking Service before the required date. If the Home Office says an occupier no longer has a right to rent, follow the current reporting and possession guidance promptly.
Keep a secure, unalterable copy of the evidence or online-check result and a record of the date the check was made for the required retention period. Good practice is to keep a short audit trail of the route used, the occupiers checked, follow-up dates and any agent’s written responsibility.
Using a letting agent
An agent can carry out checks only where there is a written agreement that clearly transfers responsibility for Right to Rent checks. Agree who will complete any follow-up check and retain the agreement and evidence. A landlord should not assume that ordinary referencing or an agent’s membership of a scheme creates a statutory excuse.
Avoiding discrimination and enforcement
Use the same reasonable process for all prospective adult occupiers and give people a fair opportunity to show their status through the route available to them. The Home Office code of practice on avoiding unlawful discrimination should be read alongside the checking guidance.
Failing to carry out the prescribed checks can expose a landlord or agent to a civil penalty; knowingly letting to a person without a right to rent can also have criminal consequences. Penalty levels and procedures change, so use the current Home Office guidance rather than relying on old summaries.
Right to Rent checklist
- Check every proposed adult occupier before the tenancy begins.
- Use the correct online, manual or Landlord Checking Service route.
- Check and copy evidence exactly as the current guidance requires.
- Record the date and diary any follow-up check.
- Keep a written transfer-of-responsibility agreement if an agent is used.
- Apply the process consistently and retain a clear compliance record.
Related landlord guides
Landlord regulation guide | Renters’ Rights Act guide
Bottom line: use the official checking route before the tenancy starts, keep the evidence and diarise any follow-up. Right to Rent is an England-only immigration check, not a substitute for tenancy referencing or other landlord compliance duties.
