If you are a landlord or letting agent in England, you are legally required to carry out right to rent checks on every adult who will occupy your rental property before their tenancy begins. This is not optional. It is a legal requirement under the Immigration Act 2014, and it has applied to all private landlords in England since February 2016.
The scheme currently applies only in England. It does not extend to Scotland, Wales, or Northern Ireland. Its purpose is to confirm that all prospective tenants and other adults who will reside in the property have lawful permission to rent in the UK.
There are three prescribed routes to conduct a right to rent check: an online check using a share code through the Home Office online service, a manual inspection of original documents, or a request to the Landlord Checking Service. Each method follows a specific process, and using the correct one is essential for compliance.
What Is a Right to Rent Check?
A right to rent check is the process by which a landlord or letting agent confirms that an adult occupier has the legal right to rent residential property in England.
All adult occupiers aged 18 or over must usually be checked before they take up occupation. The purpose of right to rent checks is to prevent unlawful occupancy by individuals without valid immigration status while giving landlords a clear defence if they follow the rules correctly.
Who Needs a Right to Rent Check?
Landlords must check all adult applicants’ right to rent. This covers every person aged 18 or over who will live in the property as their main or only home, including:
- The lead tenant named on the tenancy agreement
- Spouses, partners, and adult children
- Other adults sharing the property, even if they are not paying rent directly
British and Irish citizens are included in the checking process, but they normally hold an unlimited right to rent once their identity is verified with appropriate documents.
Children under 18 are exempt from right to rent checks at the outset. However, if a child turns 18 during a tenancy where the household holds time-limited permission, a follow-up check may become necessary.
When Must a Right to Rent Check Be Done?
The fundamental rule is straightforward: landlords must check tenant status before the tenancy starts and before the person takes up occupation. No one should move in without a completed check.
Where a person has a time-limited right to rent, the initial check must be carried out no earlier than 28 days before the start date of the tenancy. This 28-day window ensures the permission shown is still current when the tenancy begins. Tenants with limited leave require checks aligned with this 28-day rule to maintain the landlord’s statutory excuse.
For tenants with a time-limited right to rent, follow-up checks are essential. Landlords must record when the immigration permission is due to expire and carry out a fresh check before that date. No right to rent applies to individuals without valid immigration status, so staying ahead of expiry dates is critical.
No repeat checks are required for tenants with an unlimited right to rent, such as British citizens or those with indefinite leave to remain, unless there is evidence of fraud.
How Do I Check a Tenants Right to Rent?
Landlords may use three main methods to verify a tenant’s right to rent:
- An online right to rent check using a share code via the Home Office online service
- A manual inspection of acceptable documents (original documents, checked in person)
- The Landlord Checking Service, used when no share code or documents can be produced
You must use the specific process set out in the current Home Office guidance and keep records of every check to establish a statutory excuse. Right to rent checks were updated on 1 October 2026, and this latest guidance must be followed.
If you manage a large portfolio or work with many tenants who hold time-limited permission, our team at Axis Solicitors can help design compliant workflows tailored to your operations.
What Is a Right to Rent Share Code?
A right to rent share code is a temporary, secure, nine-character code generated by tenants who hold digital immigration status or an eVisa. The code allows landlords to view the tenant’s Home Office record through the official service, confirming whether they hold an unlimited or time-limited right to rent.
Share codes are directly connected to UKVI accounts with transition towards digital-only UK eVisas. Physical documents like biometric residence cards are no longer sufficient on their own for many categories of tenant. Landlords can check the tenant’s immigration status using a Home Office share code for those with digital status.
A right to rent share code check must always be carried out through the Home Office landlord portal, not through the generic immigration status checker intended for employers or individuals.
How Does a Tenant Get a Right to Rent Share Code?
The process for a tenant to generate a right to rent share code is relatively straightforward:
- Log into the UKVI account at GOV.UK
- Select the option to “prove your right to rent”
- The system generates a share code beginning with “R”
- Share the code and date of birth with the prospective landlord or agent by email, text, or messaging app
Share codes are time-limited, valid for 90 calendar days from the date they are generated, so the code must still be valid on the date the landlord carries out the check.
Some tenants may need assistance navigating the digital system. Landlords should provide clear, non-discriminatory instructions on how to get a right to rent share code, without assuming any applicant should or should not have digital status based on their background.
Tenants who are unsure about their digital status or UK eVisa should consider reading guidance on checking UK immigration status or contacting the Home Office directly.
How Does a Landlord Check a Right to Rent Share Code?
To check a tenant’s right to rent using a share code, the landlord should follow these steps:
- Go to the official GOV.UK “check a tenant’s right to rent” page
- Enter the share code (beginning with “R”) and the tenant’s date of birth
- Review the result, confirming the status shown is specifically for “right to rent” and note the type and length of permission
- Verify the person’s identity by comparing the photograph displayed against the tenant, either in person or via video with an approved verification service
Save or print the result page. Record the date and store it with the tenancy file as evidence of compliance.
If the check reveals a time-limited right, the landlord must note the follow-up check date before the permission expires. If the share code does not work or shows unexpected results, verify the details with the tenant. Ask them to generate a fresh code. If problems persist, contact the Landlord Checking Service or seek legal advice.
What Documents Prove Right to Rent?
The Home Office publishes two main lists of right to rent documents. List A evidence usually demonstrates an unlimited right to rent. List B documents indicate a time-limited right, which will require follow-up checks.
Irish citizens can typically rely on their Irish passport or national identity card as proof of unlimited right to rent. Landlords should not create their own document lists but must consult the latest official guidance for full details.
Unlimited Right to Rent Documents
Documents that confirm an unlimited right to rent include:
- A valid British passport (even if expired, provided it is genuine and matches the holder)
- An Irish passport or Irish national identity card
- A certificate of registration or naturalisation as a British citizen
- Evidence of indefinite leave to remain with a matching passport or travel document
Where documents appear damaged, inconsistent, or potentially fraudulent, landlords should seek professional advice rather than making uncertain judgments.
Time-Limited Right to Rent Documents
Examples of List B documents showing a time-limited right to rent include:
- A biometric residence permit with a current expiry date
- A biometric residence card (verified online, not by visual inspection)
- A Home Office letter confirming limited leave to remain
- A valid visa or immigration status document showing permission with an end date
Since April 2022, biometric residence cards and permits can no longer be used for a visual manual check. They must be verified through the online right to rent check service using a share code.
How Long Does a Right to Rent Check Last?
The duration of a right to rent check depends entirely on whether the occupier holds an unlimited or time-limited right to rent.
For those with an unlimited right, such as British and Irish citizens or people with indefinite leave to remain or settled status, no further checks are needed for the duration of that tenancy agreement.
Where the tenant holds a time-limited right, the landlord’s protection (statutory excuse) lasts until the permission expiry date. A fresh check must be completed before that date to maintain the statutory excuse.
Citizens of certain countries may enter the UK and stay for up to six months without a visa, but visitor status does not automatically confer a right to rent a residential property. EEA and Swiss nationals should also ensure any EU Settlement Scheme status is correctly in place, as this can affect their ongoing right to rent.
What Records Must Landlords Keep?
Landlords must retain clear evidence of each right to rent check. This includes:
- Copies of documents checked (front and back) or a saved copy of the online result page
- The date the check was made
- The name of the person who completed the check
- The method used (manual document check, right to rent check online, or Landlord Checking Service)
Records of the right to rent checks must be retained for the duration of the tenancy and for at least one year afterwards. This aligns with Home Office guidance and ensures evidence is available if questions arise after a tenancy ends.
What Happens When a Tenant’s Immigration Permission Expires?
When dealing with a time-limited right to rent, the landlord must re-check before the expiry date using the correct method. This could be a new share code, new documents, or a fresh request to the Landlord Checking Service.
If the follow-up shows continued permission, record the new expiry date and repeat as required. If the follow-up indicates the person no longer has the right to rent, the landlord may have a responsibility to report this to the Home Office to preserve their statutory excuse.
Before any eviction notice or tenancy enforcement steps, get legal advice to understand interaction between housing law and immigration law. Our UK immigration services team can assist tenants who wish to extend or regularise their status, and landlords who face compliance issues.
What Happens If a Landlord Does Not Carry Out a Right to Rent Check?
Failure to carry out right to rent checks correctly can result in civil penalties, and in serious cases, potential criminal consequences. The Home Office can issue penalty notices where a landlord rents to someone without the right to rent and cannot show evidence of a compliant check.
Fines apply for renting to individuals without a right to rent. Landlords can face fines up to £3,000 for non-compliance, and updated government guidance indicates that penalty levels have increased further, with repeat breaches attracting substantially higher fines per occupier. Landlords must demonstrate compliance to defend against penalties.
Carrying out proper right to rent checks gives landlords a statutory excuse that can protect them even if a tenant later loses their right to rent.
What Is a Statutory Excuse?
A statutory excuse is a legal defence available to landlords who have carried out prescribed right to rent checks properly and on time. It means that even if a tenant turns out not to have the right to rent, the landlord is protected from civil penalties.
A statutory excuse lasts for the duration of the tenancy for unlimited rights, or until the date a follow-up check is due for time-limited rights. Incomplete, late, or undocumented checks may mean no statutory excuse exists, even if the tenant once had valid permission. Integrate rent checks into your standard pre-tenancy checklist so the excuse is always in place.
Landlords who are unsure about their obligations can benefit from tailored landlord legal advice.
Right to Rent Checklist for Landlords
Use this checklist before and during every tenancy:
- Identify all adult occupiers (aged 18+) who will live in the property as their main home
- Ask applicants to declare all other adults who will occupy the property
- Decide the correct checking method for each person (share code, documents, or Landlord Checking Service)
- Obtain the share code and date of birth, or request original documents
- Complete the prescribed check using the correct Home Office service or by inspecting original documents in person
- Verify the person’s identity against the photo shown
- Record the outcome, date of the check, and who carried it out
- Make and store secure copies of documents or the online result page
- Note whether each person has an unlimited or time-limited right to rent
- Schedule follow-up checks where a time-limited right applies
- Keep all evidence for the duration of the tenancy and at least 12 months after it ends
- Log which staff member conducted each check and confirm agents’ responsibilities are allocated in writing
For bespoke compliance training, assistance with landlord–tenant dispute solicitors or a review of your existing right to rent processes, contact Axis Solicitors. We work with landlords, letting agents, and property managers across England to build robust, non-discriminatory compliance systems.
Book your Consultation for further guidance and personalised support.
FAQs About Right to Rent Checks
Do British and Irish Citizens Need a Right to Rent Check?
Yes. Landlords must still conduct right to rent checks on British and Irish citizens, but they normally have an unlimited right to rent once verified with a passport or equivalent document. No follow-up checks are needed.
Can a Landlord Refuse Someone With a Time-Limited Right to Rent?
No. Refusing an applicant simply because their right to rent is time-limited can amount to unlawful discrimination. Landlords may refuse someone who cannot prove any right to rent at all, but must treat all applicants consistently.
Does Right to Rent Apply in Scotland, Wales or Northern Ireland?
The right to rent scheme applies only to residential tenancies in England under the Immigration Act 2014. Landlords with rental properties elsewhere in the UK are not subject to the same statutory regime, though sensible identity checks remain good practice.
What Is the Landlord Checking Service?
It is a free Home Office service for landlords to confirm whether a person has the right to rent when they cannot show documents or a share code but have an outstanding immigration application or appeal. It may issue a Positive Right to Rent Notice conferring a time-limited statutory excuse.
What Happens If a Right to Rent Share Code Does Not Work?
Check that you are using the correct GOV.UK landlord service and that the code has not expired or been mistyped. Ask the tenant to generate a new right to rent share code. If problems persist, the tenant should contact the Home Office about their digital status, or you may use the Landlord Checking Service while seeking legal advice.
