Right to Rent checks: a landlord's guide

Legal requirements

In England, landlords must check that every adult who will live in the property as their main home has the legal right to rent in the UK. The check must be done before the tenancy starts, applied to all adult occupiers regardless of whether they are named on the agreement, and recorded with copies kept for the duration of the tenancy plus 12 months.

How to carry out a check

1. 1Obtain original acceptable documents, a share code, or use the Home Office online checking service.
2. 2Check the documents are genuine and belong to the person, in their presence (or via a permitted video method with originals).
3. 3Make and date clear copies and record when the check was carried out.
4. 4Diarise any follow-up check where the right to rent is time-limited.

Share codes

Many people now prove their status digitally. The prospective tenant generates a share code from the Home Office service and gives it to you along with their date of birth; you use the online service to view and save the result. Share codes are the standard route for those with an eVisa or digital immigration status.

Follow-up checks

Where a tenant has a time-limited right to rent, a follow-up check is required before the permission expires (or after 12 months, whichever is later). If a follow-up shows the person no longer has the right to rent, you must report this to the Home Office to retain your statutory excuse.

Penalties

Letting to someone without the right to rent can lead to a civil penalty per occupier, and knowingly letting to a disqualified person is a criminal offence punishable by an unlimited fine and imprisonment. Carrying out and recording checks correctly gives you a statutory excuse against civil penalties.

Avoiding discrimination