Last reviewed: 30 May 2026. Right to Rent is one of the few letting duties that has not changed under the Renters' Rights Act. It still sits under the Immigration Act 2014, it still applies in England only, and the core obligation is unchanged - so this is one part of the process you can get right with a clear, repeatable routine.
What Right to Rent is, in one paragraph
Right to Rent is a legal duty on landlords in England to check that everyone aged 18 or over who will live in a property as their only or main home has the immigration right to rent here. You carry out the check before the tenancy starts, you keep a record of what you saw, and - for some tenants - you repeat the check later. The aim is to confirm a person's status, not to judge it. If someone has the right to rent, you let to them as normal.
The duty applies in England only. It does not currently operate in Scotland, Wales or Northern Ireland. The official guidance and the document lists live on gov.uk at Check if you can rent your property to someone (Right to Rent) - bookmark it, because the acceptable documents and the way checks are carried out are updated from time to time.
Who you must check
You must check every adult occupier aged 18 or over who will live in the property as their main home - not just the people named on the tenancy agreement. That includes a tenant's partner, an adult family member, or an adult who is staying long term, even if they are not paying rent and not on the contract.
- Check everyone who is 18 or over on the day the tenancy starts, even if they were under 18 when you first met them.
- You do not have to ask for evidence that an occupier is part of the household - but if you know an adult will live there, you must check them.
- You cannot pick and choose who to check based on how someone looks, sounds, or where you assume they are from. The duty applies to everyone equally, and treating people differently on those grounds risks breaching the Equality Act 2010.
The Home Office publishes a statutory code of practice on avoiding unlawful discrimination when doing these checks. Reading it once is worth the time - it is the document that protects you if a decision is ever questioned.
When the check must happen
The check must be completed before the tenancy agreement starts. A check carried out up to 28 days before the tenancy begins is acceptable. You must not let someone move in and check them afterwards - the point of the duty is that you have confirmed the right to rent before you grant the tenancy.
If you use a letting agent and you have agreed in writing that the agent takes responsibility for Right to Rent, the agent carries the duty. Get that agreement in writing - without it, the responsibility stays with you as the landlord even if the agent did the day-to-day work.
How to do the check - the three routes
There are three accepted ways to carry out a check. The right one depends on the person in front of you.
1. The online check (for most non-UK and Irish nationals)
Most people who are not British or Irish citizens now prove their status digitally rather than with a physical document. The tenant gives you a share code and their date of birth, and you verify it using the gov.uk service at View a tenant's right to rent in England. You must check that the photograph on the online profile is of the person standing in front of you, in person or over a live video call. The online check gives you a clear result and a profile you can save as your evidence.
2. The manual document check (British and Irish citizens)
British and Irish citizens can prove their right to rent with original documents - most commonly a valid passport. The full lists of acceptable documents are on gov.uk. When you do a manual check you must:
- See the original documents, not photocopies or photos, with the holder present.
- Check the documents are genuine and belong to the person, and that any photos and dates of birth are consistent across documents and match the person.
- Make and keep a clear copy of each document (a scan or photo), dated, and held securely for the length of the tenancy and at least one year after it ends.
3. The Identity Document Validation Technology (IDVT) route
British and Irish citizens with a valid passport can also be checked through a certified Identity Service Provider using digital identity verification (IDVT) rather than seeing the document in person. This is optional - the in-person manual check remains valid. If you use an IDVT provider, check the current gov.uk guidance for the list of certified providers and what records you need to keep.
Time-limited right to rent and follow-up checks
Some occupiers have a time-limited right to rent - their permission to be in the UK has an end date. For these tenants you must carry out a follow-up check before their current permission runs out, to confirm they still have the right to rent. The online service tells you when a follow-up is due. People with a permanent right to rent (for example British and Irish citizens, or those with settled status) do not need a repeat check.
If a follow-up check shows that an occupier no longer has the right to rent, you must report it to the Home Office to keep your statutory excuse (see below). Reporting protects you - it does not oblige you to evict, and the correct possession route in England is now a Section 8 notice on the relevant ground, so take advice before acting.
The civil penalty for getting it wrong
If you let to someone who does not have the right to rent and you did not carry out a correct check, you can be issued a civil penalty by the Home Office. The penalty is set per occupier and the maximum has been increased over time, so always confirm the current figure on the gov.uk page before relying on a number - check gov.uk penalties for illegal renting for the live amount and how penalties are calculated. Repeated or deliberate breaches can also be a criminal offence carrying an unlimited fine and potential imprisonment.
Doing the check correctly gives you a statutory excuse: if you followed the process set out on gov.uk, recorded it, and a tenant later turns out not to have the right to rent, you are protected from the penalty. That is why the record matters as much as the check itself.
Keeping records the right way
A check is only as good as the evidence you keep. For each adult occupier, keep:
- The online check result (the "profile" page with the date you viewed it), or a clear copy of the original documents you saw.
- The date you carried out the check.
- For time-limited occupiers, the date the next follow-up check is due.
Hold these securely for the whole tenancy and for at least one year afterwards. Because you are storing copies of identity documents, you are processing personal data: handle it under UK GDPR, keep it only as long as you need it, and set out in your privacy notice why you hold it. Most private landlords storing tenant data digitally also need to pay the ICO data protection fee - check the current rate and whether it applies to you.
A simple routine that keeps you compliant
| Step | What to do |
|---|---|
| 1. List the adults | Identify everyone aged 18+ who will live there as their main home. |
| 2. Pick the route | Online share code for most non-UK/Irish nationals; original passport (or IDVT) for British and Irish citizens. |
| 3. Check before move-in | Complete the check before the tenancy starts (no earlier than 28 days before). |
| 4. Confirm the person | Match the photo to the person, in person or by live video. |
| 5. Record it | Save the online profile or document copies, dated, held securely. |
| 6. Diarise follow-ups | For time-limited status, set a reminder before the permission expires. |
Right to Rent rewards a calm, consistent routine. Treat every applicant the same way, follow the gov.uk steps, keep the evidence, and you have done your part. If anything on this page looks out of date against the current gov.uk guidance, the gov.uk page is the authoritative source - always check it before your next let.
Frequently asked questions
Do I have to do a Right to Rent check if I rent out my property in Scotland or Wales?
No. The Right to Rent scheme under the Immigration Act 2014 applies in England only. It does not currently operate in Scotland, Wales or Northern Ireland. If you let property in England, the duty applies to every adult occupier regardless of where you live yourself. Check the current gov.uk guidance, as scheme coverage can change.
Do I need to check people who are not named on the tenancy agreement?
Yes. You must check every adult aged 18 or over who will live in the property as their only or main home, not just the people signing the contract. That includes a tenant's adult partner or family member, even if they pay no rent. The check is about who lives there, not who is on the paperwork.
Can I just ask for a photocopy of a passport by email?
No, not for a manual check. You must see the original documents with the holder present, confirm they are genuine and match the person, then keep a dated copy. For most non-UK and Irish nationals you instead use the gov.uk online service with a share code and verify the photo against the person by live video or in person.
What is a follow-up check and when do I do one?
A follow-up check applies to occupiers whose right to rent is time-limited because their immigration permission has an end date. You repeat the check before that permission expires to confirm they still have the right to rent. The gov.uk online service flags when a follow-up is due. People with a permanent right to rent do not need a repeat check.
What happens if I get a Right to Rent check wrong?
If you let to someone without the right to rent and did not do a correct check, the Home Office can issue a civil penalty per occupier, and serious or repeated breaches can be a criminal offence. The maximum penalty has risen over time, so check the current figure on gov.uk penalties for illegal renting. Following the process correctly gives you a statutory excuse that protects you.
Who is responsible if I use a letting agent?
By default the landlord is responsible. The duty only passes to a letting agent if you have agreed in writing that the agent will carry out and take responsibility for Right to Rent checks. Without that written agreement, you remain liable as the landlord even if the agent handled the tenancy, so get the arrangement documented clearly before the tenancy starts.
Related guides
- The Renters' Rights Act 2026: what private landlords need to do
- Tenant referencing: how to check a prospective tenant
- UK Lettings Compliance - the Landlord Checklist
- List your rental on Domovita - free for private landlords
General information, not legal advice. This guide explains the rules in plain English and is kept under review, but the law changes and every situation is different. Always check the current position on the official gov.uk pages linked above, and take professional advice - a solicitor, or your local council for licensing questions - before relying on it for a specific decision.