Right to Rent Checks: Step-by-Step Guide for Landlords

Right to Rent checks are a legal requirement for all landlords in England. Before you allow any person aged 18 or over to occupy your property as their main home, you must verify that they have the right to rent in the UK. This applies regardless of their nationality or how long they have lived in the UK.

The penalties for non-compliance are severe — up to £20,000 per tenant for repeat offences, and up to five years' imprisonment if you knowingly rent to someone without the right to rent. Even innocent mistakes can result in a £10,000 civil penalty if you failed to carry out the check correctly.

This step-by-step guide walks you through the entire Right to Rent process: who must be checked, which documents are acceptable, how to use the online checking service, when follow-up checks are needed, and how to keep compliant records.

What Is Right to Rent?

Right to Rent is part of the Immigration Act 2014 (as amended by the Immigration Act 2016). It requires landlords to check that all adult occupiers in their rental property have the legal right to be in the UK before allowing them to move in.

The scheme applies to all private rental properties in England. It does not currently apply in Scotland, Wales, or Northern Ireland, although similar schemes have been discussed.

Who Must Be Checked?

You must check every person aged 18 or over who will occupy the property as their only or main home. This includes:

• All named tenants on the tenancy agreement
• Any adult who will live in the property but is not named on the tenancy (e.g., a partner or adult child)
• Lodgers in properties you live in yourself (if letting a room)
• Sub-tenants, if you are aware of sub-letting

You do not need to check:

• Anyone under 18 years of age
• Those living in accommodation provided by a local authority
• Those in care homes, hospitals, hospices, or other specified accommodation
• Anyone occupying under a lease granted before 1 February 2016 (when the scheme was fully implemented)

Acceptable Documents: List A

List A documents demonstrate an unlimited right to rent. If a tenant provides a List A document, no follow-up checks are needed:

• A UK or Irish passport (current or expired)
• A certificate of registration or naturalisation as a British citizen
• A current biometric immigration document (Biometric Residence Permit) showing indefinite leave to remain
• A current passport or travel document endorsed to show indefinite leave to remain in the UK
• A current Immigration Status Document showing indefinite leave to remain
• Proof of the right of abode in the UK

Acceptable Documents: List B

List B documents demonstrate a time-limited right to rent. If a tenant provides a List B document, you must conduct follow-up checks before their permission expires:

• A current passport or travel document endorsed to show a time-limited right to stay in the UK
• A current Biometric Residence Permit showing limited leave to remain
• A current immigration status document showing limited leave to remain
• A Certificate of Application (for EU Settlement Scheme applicants) — valid for 6 months
• An Application Registration Card issued by the Home Office — valid for 6 months

Step-by-Step: Conducting the Check

Follow these steps for every adult occupier:

1. Step 1 — Obtain original documents: Ask the tenant to provide original documents from List A or List B. You cannot accept photocopies at this stage.
2. Step 2 — Check in the tenant's presence: Examine the documents in the presence of the holder. Check the photograph matches the person, the date of birth is consistent, the documents are genuine (not tampered with), and any expiry dates have not passed.
3. Step 3 — Make copies: Make a clear, legible copy of every document checked. For passports, copy the front cover and the photo page. For biometric residence permits, copy both sides.
4. Step 4 — Record the date: Write the date of the check on the copy or record it in your records. This is essential for proving when the check was carried out.
5. Step 5 — Store securely: Keep copies securely for the duration of the tenancy and for at least one year after the tenancy ends.
6. Step 6 — Conduct follow-up checks: If the tenant provided a List B document, schedule a follow-up check before their permission expires.

Using the Online Checking Service

The Home Office provides an online checking service for tenants who cannot provide physical documents. This includes:

• Biometric Residence Permit holders (who may prefer the online route)
• EU Settlement Scheme applicants with a share code
• Individuals with pending immigration applications
• Anyone with an eVisa or digital immigration status

To use the online service, the tenant generates a share code at GOV.UK, which they provide to you along with their date of birth. You then enter these details on the landlord checking portal to verify their right to rent. Save or print the result as your record of the check.

Follow-Up Checks

If a tenant has a time-limited right to rent (List B document), you must conduct a follow-up check before their permission expires. The follow-up check should be carried out at the later of:

• 12 months after the initial check, or
• The date their permission to stay in the UK expires

If the follow-up check reveals that the tenant no longer has the right to rent, you must report this to the Home Office. You may then need to take steps to end the tenancy.

Penalties for Non-Compliance

A statutory excuse protects you from civil penalties if you conducted the check correctly and in good time, even if the tenant's documents later turn out to be fraudulent. This is why following the process carefully and keeping records is essential.

Record Keeping Requirements

You must keep the following records for each tenant:

• Clear copies of all documents checked (passport pages, BRP both sides, etc.)
• The date the check was carried out (written on the copy or recorded separately)
• Online checking service results (saved or printed)
• Records of any follow-up checks conducted
• Records retained for the duration of the tenancy plus at least 1 year

Latch provides secure document storage linked to each tenant record, making it easy to store, retrieve, and demonstrate your Right to Rent compliance at any time.