17/06/2026
❗️Right to Rent Checks in England - What Landlords and Tenants Must Know❗️
A Right to Rent check is a legal requirement in England, although it does not apply in Scotland, Wales, or Northern Ireland. Before any residential tenancy begins in England, landlords (or authorised letting agents) must ensure that all adult occupiers aged 18 or over have the legal right to rent property in the UK.
This requirement applies to everyone regardless of nationality and is intended to ensure that only individuals with lawful immigration status are permitted to rent accommodation in England.
Where checks are carried out correctly, landlords may benefit from a “statutory excuse”, which can protect them against potential civil penalties.
Landlords are required to carry out a Right to Rent check where:
* the property is located in England; and
* the property will be the tenant’s only or main residence.
The scheme applies to tenancies granted on or after 1 February 2016, and the checks must be completed before the tenancy commences.
❓ Who is responsible for carrying out the Right to Rent check ❓
Responsibility lies with the person or organisation granting the tenancy, which may be:
* the landlord; or
* a letting agent, where responsibility has been clearly agreed in writing.
Even where a letting agent or property manager is instructed, landlords should still ensure that checks are completed correctly and on time, as legal liability may still arise.
🔹 Potential legal risks landlords may not anticipate
Legal risks can sometimes arise from situations that landlords may not initially foresee. For example, we previously assisted a client who was awaiting a Home Office decision relating to a relationship application involving a partner without lawful immigration status in the UK. The couple were living together in a property with the landlord’s knowledge and consent.
During the course of wider legal proceedings, information regarding the occupier’s immigration status was raised with the landlord, which created potential concerns regarding compliance with Right to Rent obligations and possible financial penalties.
Fortunately, the team at Alstern Solicitors was able to assist by preparing representations to clarify the circumstances and help reduce the potential legal risk to the landlord.
This demonstrates how immigration matters and residential tenancy obligations can sometimes become legally complex and closely interconnected. Seeking appropriate legal advice at an early stage can help both landlords and tenants better understand their rights and responsibilities while minimising unnecessary legal risks.
➡️ How to carry out a Right to Rent check
🔹Stage 1: Obtain evidence of the tenant’s Right to Rent
The evidence required will depend on the tenant’s nationality and immigration status.
▪ British and Irish citizens can usually prove their Right to Rent by providing:
* a British passport (current or expired); or
* an Irish passport.
Some British citizens who do not hold a passport may instead use a combination of alternative documents, such as:
* a current UK driving licence;
* a full birth certificate;
* a letter from an employer, government department, or local authority; or
* a Disclosure and Barring Service (DBS) certificate.
In some cases, certified identity verification services may also be used if offered by the landlord.
▪ Non-British and non-Irish citizens can normally prove their Right to Rent through:
* a Home Office online share code; or
* original immigration documents, where manual checks are permitted.
Many migrants, including those holding an eVisa, Biometric Residence Permit (BRP), or status under the EU Settlement Scheme, must now be checked online and cannot rely solely on physical documents.
The simplest method is usually for the tenant to generate a Right to Rent share code through the Home Office “View and Prove” service. The landlord can then use the code together with the tenant’s date of birth to verify their status online.
The Home Office also provides a Landlord Checking Service for situations where the tenant:
* does not have a share code;
* cannot access their share code;
* has a pending immigration application or appeal; or
* has documents retained by the Home Office.
Where used correctly and a positive response is received, this can also provide the landlord with a statutory excuse.
🔹Stage 2: Check the evidence
Landlords must review the tenant’s documents or online immigration status in the presence of the tenant, either:
* in person; or
* via a live video call, such as Microsoft Teams or Zoom.
Landlords should ensure that:
* the documents appear genuine;
* the photographs and dates of birth match the tenant;
* the tenant is permitted to rent property in England; and
* any time-limited immigration permission remains valid.
For online checks, the Home Office system will confirm whether the tenant has:
* unlimited Right to Rent; or
* time-limited permission with a specified expiry date.
🔹Stage 3: Record and retain evidence
Landlords must securely retain:
* clear copies or colour scans of documents; or
* records of online status checks.
They should also record:
* the date the check was completed; and
* the date a follow-up check may be required where immigration permission is time-limited.
Records should be retained:
* throughout the tenancy; and
* for at least 12 months after the tenancy ends.
Failure to properly retain records may result in the landlord losing their statutory excuse.
⏰ When are follow-up checks required?
Where a tenant has time-limited permission to rent, such as a Skilled Worker visa due to expire in six months, landlords must conduct a follow-up check before the permission expires or within the period required by the Home Office.
Expiry dates should therefore be carefully diarised to avoid missing any required follow-up checks.
# Avoiding discrimination
Right to Rent checks must be carried out consistently for all adult tenants regardless of:
* nationality;
* race; or
* any other protected characteristic.
Treating tenants differently based on protected characteristics may amount to unlawful discrimination.
The Home Office has issued statutory guidance on avoiding discrimination when conducting checks.
# Consequences of failing to carry out Right to Rent checks
Failure to complete or properly retain Right to Rent checks may expose landlords to:
* civil penalties;
* criminal liability where a landlord knowingly rents to someone without the right to rent; and
* loss of statutory excuse where checks are incomplete or poorly documented.
🔰 Conclusion
Carrying out Right to Rent checks correctly is an important legal obligation for landlords and letting agents in England.
By:
* checking all adult occupiers before the tenancy begins;
* using the correct online or document-based methods;
* retaining clear records; and
* carrying out follow-up checks where required,
landlords can help protect themselves against civil penalties and criminal liability.
These checks must always be carried out fairly and consistently, regardless of nationality, in order to avoid discrimination and ensure compliance with Home Office requirements.
--------- Alstern Solicitors - A Firm You can Trust --------
Alstern Solicitors is proud to be one of the leading and highly reputable law firms regulated by the Solicitors Regulation Authority in the UK.
We have provided legal representation and support for individuals and businesses both in and outside the UK in matters including:
• Immigration, British Registration & Naturalisation
• Corporate & Commercial Law
• Conveyancing, purchase, sell, transfer and lease
• Family Law, divorce, financial & child arrangement, child adoption
• Wills & Probate services
• Civil Litigation
Free initial assessment:
📞020 3923 9188 | 07378 206539
📧[email protected]
📍30 Churchill Place, London E14 5RE, UK
