Right to Rent checks — Landlord obligations

Summary

All England landlords must check that every adult (18+) living in their property as their only or main home has the right to rent in the UK. Checks must be completed before the tenancy starts. Failure to carry out proper checks, or letting to someone without the right to rent, can result in civil penalties of up to £20,000 per occupier (or unlimited if a criminal offence is committed).

Checklist

• Identify all adult occupiers aged 18+ before the tenancy starts
• Request original documents from the acceptable document lists (List A or List B)
• Check documents in the presence of the holder (in person or using the Home Office online checking service for biometric residence permits)
• Copy and date-stamp all documents
• Store copies securely for 1 year after the tenancy ends
• For time-limited right to rent: carry out a follow-up check before the permission expires and record the date in your calendar
• Use the Home Office Landlord Checking Service if a tenant cannot provide documents but claims to have an outstanding immigration application or appeal

What to store in the vault

• Copies of all acceptable documents for each adult occupier
• The date the check was carried out
• The date follow-up checks are due (for time-limited right to rent)
• Reference numbers from any Home Office Landlord Checking Service requests

What to log as proof

• Date of check for each adult occupier
• Document type and reference number checked
• Who carried out the check (you or your letting agent)
• For online checks: the share code and date of check

What to include in a compliance pack

• Confirmation that Right to Rent checks were completed for all adult occupiers
• Date(s) of checks
• Note any time-limited permissions and their expiry dates

FAQ

Must I check all adult occupiers? Yes — every adult (18+) who uses the property as their only or main home must be checked, including non-tenant occupants such as a partner moving in mid-tenancy.

What documents are acceptable? Documents fall into List A (unlimited right to rent, no follow-up needed) and List B (time-limited right to rent, follow-up check required). Full lists are on gov.uk.

Can I use the Home Office online checking service? For biometric residence permits, biometric residence cards, and some other documents, you must use the online checking service (not accept the physical document alone). The tenant provides a share code.

What if a tenant cannot provide any documents? If they claim to have an outstanding immigration application or appeal, you must contact the Home Office Landlord Checking Service before allowing them to occupy. Do not let without a Positive Confirmation.

Do letting agents carry out checks on my behalf? Yes — if you use a letting agent and they agree to carry out Right to Rent checks, responsibility can transfer to them. Get this in writing.

How long must I keep the records? For the duration of the tenancy plus 1 year after it ends.