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Before you enter into a tenancy in England, check that every adult who will live there can legally rent. A time-limited right needs a follow-up check, timed under the code in force since 1 October 2026.
The Right to Rent scheme comes from the Immigration Act 2014, and the Home Office sets out how to run checks in a code of practice. The seventh version came into force on 1 October 2026. This page follows that code and GOV.UK as checked on 17 October 2026. It covers England only.
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Who you must check
You must check everyone aged 18 or over who will use the property as their only or main home, even if they are not named on the agreement, or the agreement is spoken rather than written. That includes British and Irish citizens: checking only people you think are not British is against the law, and so is treating anyone differently because of where they are from.
Lodgers in your own home are covered too. GOV.UK lists types of accommodation that are outside the scheme, including social housing, care homes, hostels and refuges, mobile homes, student accommodation, tied accommodation and leases of 7 years or more.
The three ways to check
| Method | When to use it | What to keep |
|---|---|---|
| Manual check of original documents | The tenant has documents on the Home Office lists, such as a British or Irish passport, current or expired | A copy that cannot be altered, and the date of the check |
| Home Office online check | The tenant has a share code, for example with an eVisa or settled or pre-settled status | The profile page, saved or printed, with the date |
| Digital verification service | You choose a provider on the government's digital identity (OfDIA) register that is noted as able to do right to rent checks | A clear copy of the check |
For a manual check, look at the originals with the tenant present, in person or by video call. Make sure the photos match, dates of birth agree, and any change of name is explained by a document such as a marriage certificate. Anyone with an eVisa can only prove their right to rent through the online service. If a tenant cannot show documents or a share code, for example because they have an application or appeal outstanding, use the Home Office Landlord Checking Service. GOV.UK says you will get an answer within 2 working days.
When to check, and follow-ups
A check on someone with an unlimited right to rent can be done at any time before the tenancy is agreed. A check on someone whose right is time-limited must be done and recorded no earlier than 28 calendar days before the tenancy starts.
A time-limited check gives you a time-limited excuse. Under the 1 October 2026 code it lasts until the latest of:
- 12 months after the check
- the end of the tenant's permission to be in the UK
- the expiry of the document that proves their right to rent
You must do a follow-up check before that date. If the tenant can no longer show a right to rent, report it to the Home Office using the online form. The report keeps your excuse in place, and you keep its reference number. A 'yes' from the Landlord Checking Service gives you an excuse for 12 months from the date it specifies; make a further check before then.
Penalties
If you let to someone without the right to rent and have no valid excuse, the Home Office can charge a civil penalty for each person:
| Who is living there | First breach | Repeat breach within 3 years |
|---|---|---|
| Lodger | £5,000 | £10,000 |
| Occupier | £10,000 | £20,000 |
Paying a first-breach penalty within 21 days under the fast payment option cuts it by 30%, to £3,500 for a lodger or £7,000 for an occupier. Letting to someone you know, or have reasonable cause to believe, has no right to rent can be a criminal offence.
What this means for you
Say your new tenant has permission to stay until 31 March 2028, and the tenancy starts on 1 December 2026. Do the check no earlier than 3 November 2026, and before you agree the tenancy. If you check on that day, your excuse lasts until 31 March 2028, because that is later than 3 November 2027, 12 months after the check, unless the document they used expires later still. Diary a follow-up for early March 2028. If their permission ran only to 30 June 2027 instead, the 12-month date would be the later one, and the follow-up would be due before 3 November 2027, unless the document they used expires later. While the tenant has a time-limited right and still lives there, follow-ups keep being needed.
Steps to run a Right to Rent check
- List every adult who will live in the property, named on the agreement or not.
- Ask each one for original documents from the Home Office lists, or a share code.
- Check the documents with the person present, or check the share code on GOV.UK.
- Copy the documents or save the online result, and record the date.
- For a time-limited right, check no earlier than 28 days before the start, and diary the follow-up.
- Keep the records for the tenancy and one year after, following data protection law, then destroy them securely.
The rent you collect may also bring you into Making Tax Digital; the free MTD check shows when. The landlords section has more guides on letting in England.
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Questions people ask
Do I have to check British tenants?
Yes. You must check every adult who will live in the property as their main home, including British and Irish citizens. GOV.UK says it is against the law to check only people you think are not British.
How early can I do the check?
For someone with an unlimited right to rent, any time before the tenancy is agreed. For someone with a time-limited right to rent, no earlier than 28 calendar days before the tenancy starts. If a tenant is abroad and cannot be checked beforehand, the code allows the check before they move in.
Can I accept a biometric residence permit?
Not as a document in a manual check. GOV.UK says to ask the tenant for a share code instead and check it through the Home Office online service. Anyone with an eVisa must be checked that way.
How long do I keep the copies?
For as long as the tenancy lasts and for one year after it ends. For online checks the code says the file must then be securely destroyed; for other records, follow data protection law.
Can my letting agent do the checks?
Yes. You should have a written agreement that also makes clear whether the agent does the follow-up checks. Where the agent has taken on the checks, the code says liability for civil penalties transfers to the agent, but not beyond the agent.
What happens if a follow-up check fails?
You must report it to the Home Office as soon as reasonably practicable and before your time-limited excuse runs out. GOV.UK says not reporting it can mean a fine or prison for up to 5 years.
Sources
- Checking your tenant's right to rent (GOV.UK)
- Checking your tenant's right to rent: how to do a check (GOV.UK)
- Checking your tenant's right to rent: making copies of the documents (GOV.UK)
- Checking your tenant's right to rent: follow-up checks (GOV.UK)
- Checking your tenant's right to rent: agents and subletting (GOV.UK)
- Code of practice for landlords and their agents: the right to rent scheme, in force 1 October 2026 (GOV.UK, Home Office)
- Check a tenant's right to rent in England: use their share code (GOV.UK)
- Immigration Act 2014, Part 3 Chapter 1: residential tenancies (legislation.gov.uk)
This is general information to help you understand the rules. It isn't tailored to your circumstances, so check your own position before acting on it.
Righto Landlord is a trading name of NJG Consultancy Ltd, registered in England and Wales, company number 16095900. Registered office: Jubilee House, East Beach, Lytham St Annes, FY8 5FT.
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