Right to Rent checks — Landlord obligations

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. Reviewed March 2026.

What the rule is

The Immigration Act 2014 introduced a requirement for landlords and letting agents in England to check that new residential tenants and adult occupiers have the legal right to reside in the UK. This applies regardless of whether you think someone is or isn’t British — you must check everyone consistently to avoid unlawful discrimination.

When it applies

• Before a new tenancy starts — for every adult (18+) who will occupy the property as their only or main home
• When a new adult moves into the property during a tenancy
• Follow-up checks are needed for occupiers with time-limited right to rent, before their permission expires
• Checks must be done by the landlord OR a letting agent who has formally agreed to take on this responsibility

What landlords must do

• 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 use the Home Office online checking service for biometric documents
• Copy and date-stamp all documents
• Store copies securely for the duration of the tenancy plus 1 year
• For time-limited right to rent: set a reminder for the follow-up check before permission expires
• Use the Home Office Landlord Checking Service if a tenant cannot provide documents but claims to have an outstanding immigration application or appeal

What evidence to keep

• 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
• Share codes and dates for online checks

Common mistakes

• Checking only the named tenant — every adult who will live in the property must be checked, including partners and lodgers
• Accepting expired documents — documents must be valid at the time of the check
• Not carrying out follow-up checks — time-limited right to rent requires a follow-up before the permission expires
• Discriminatory checking — only checking people who look or sound foreign is unlawful; check everyone consistently
• No date-stamp on copies — always record the date the check was carried out

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 published 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 in writing to carry out Right to Rent checks, responsibility transfers to them.

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