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Chapter 01
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.
Chapter 02
How to carry out a check
- 1Obtain original acceptable documents, a share code, or use the Home Office online checking service.
- 2Check the documents are genuine and belong to the person, in their presence (or via a permitted video method with originals).
- 3Make and date clear copies and record when the check was carried out.
- 4Diarise any follow-up check where the right to rent is time-limited.
Chapter 04
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.
Chapter 05
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.
Chapter 06
Avoiding discrimination
Apply the same checks to everyone after a let is agreed, in the same way, regardless of nationality, ethnicity or accent. Do not refuse to consider people who cannot show a British passport — that risks breaching the Equality Act. The Home Office publishes a code of practice on avoiding discrimination.
Questions
Frequently asked questions
Official sources
Further reading and fact-checking
General guidance: This guide is for general information and does not replace legal or professional advice for your circumstances. Check current official guidance and your local authority's requirements.