Does Right to Rent apply in Scotland, Wales, and Northern Ireland?

No. The Right to Rent scheme currently only applies in England. Scotland, Wales, and Northern Ireland are not covered by this legislation. If your rental property is in one of these nations, you do not need to carry out Right to Rent checks.

What if a tenant's permission to stay expires during the tenancy?

If a tenant had time-limited permission (List B documents), you must carry out a follow-up check before their permission expires. If they cannot provide valid documents, you should report this to the Home Office. You should not evict a tenant without following the proper legal process.

Can I delegate checks to a letting agent?

Yes. You can pass the responsibility to a letting agent or property manager, but this must be agreed in writing. Make sure your tenancy agreement or management contract clearly states who is responsible for conducting Right to Rent checks.

How does Latch help with Right to Rent compliance?

Latch tracks document expiry dates, sends automatic reminders before follow-up checks are due, stores encrypted copies of ID documents, and maintains a complete audit trail of every check. This gives you a statutory excuse defence if questions ever arise.

Right to Rent Checklist

Right to Rent Checklist.

Stay compliant and avoid fines of up to £40,000. Follow this step-by-step checklist to verify every tenant's right to rent in England.

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1. Check Before Occupancy

You must carry out a Right to Rent check on all adult occupiers before the tenancy starts. Checks conducted up to 28 days before the tenancy begins are valid.

I will perform the check before the tenant moves in (or within 28 days prior)

2. Choose Verification Method

There are three ways to verify a tenant's right to rent. Choose the method appropriate to their documentation.

Manual Document Check

Check the tenant's original documents in person. Suitable for British and Irish citizens with a valid passport.

Online Share Code

The tenant generates a share code via the Home Office online service. You verify it at gov.uk. Required for EU settled/pre-settled status holders.

Identity Service Provider (IDSP)

A certified digital identity provider verifies the tenant's identity remotely. Only for British and Irish passport holders.

3. Check Acceptable Documents

Verify the tenant's original documents from List A (unlimited right) or List B (time-limited right). See the documents section below for full details.

I have reviewed the tenant's original documents from List A or List B

View acceptable documents

4. Record the Check

You must make and keep copies of the documents and record when the check was made.

Date of check recorded

Clear copies made of documents (front and back)

Copies stored securely (digital or physical)

5. Schedule Follow-up Checks

If the tenant has time-limited permission to stay in the UK (List B documents), you must carry out a follow-up check before the permission expires.

Document expiry date noted

Calendar reminder set for follow-up check

6. Retain Records

Keep copies of documents and records of the date of check throughout the tenancy and for at least one year after the tenancy ends.

Records will be kept for duration of tenancy + 1 year

Acceptable Documents

The Home Office prescribes two lists of acceptable documents. List A grants unlimited right to rent; List B is time-limited.

List A — Unlimited Right to Rent

A UK or Irish passport (current or expired)
A certificate of registration or naturalisation as a British citizen
An Immigration Status Document with an endorsement for indefinite leave to remain (no time limit)
A Biometric Residence Permit (BRP) indicating indefinite leave to remain
An eVisa or digital status showing settled status under the EU Settlement Scheme
A passport or travel document endorsed to show the holder is exempt from immigration control

List B — Time-Limited Right to Rent

A passport or travel document with a current visa or time-limited leave to remain
A Biometric Residence Permit (BRP) with a time-limited expiry date
A current Certificate of Application (issued within the last 6 months) for leave to remain or an ongoing appeal
An eVisa or online share code result showing pre-settled status or time-limited leave
A Positive Verification Notice from the Home Office Employer Checking Service

Penalties for Non-Compliance

Failing to carry out Right to Rent checks can result in significant civil and criminal penalties.

First Breach

Up to £7,000

Civil penalty for a first offence of renting to someone without the right to rent in the UK.

Repeat Breach

Up to £40,000

Civil penalty for repeat offences. The Home Office takes a much harder line on landlords who fail to comply after a first penalty.

Criminal Offence

Unlimited fine + up to 5 years

If you knowingly rent to someone without the right to rent, you could face an unlimited fine and up to 5 years in prison.

FAQ

Common questions

All private landlords in England must carry out Right to Rent checks on prospective tenants before the start of a new tenancy. This applies to all adult occupiers (aged 18 and over), not just the named tenants on the agreement. It does not apply to council or housing association tenancies.

Track your deposit protection too

Make sure every tenancy deposit is protected within the 30-day legal deadline.

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