Published 5 October 2026. Rules quoted from GOV.UK's guide to checking a tenant's right to rent and the Home Office's right to rent collection, checked on 5 October 2026. Covers England only. General information, not legal advice.

Right to Rent Checks: What Landlords in England Must Do

Before a new tenancy starts, a landlord in England must check that every adult who will live in the property as their main home has the right to rent. There are three ways to do it, a 28-day window for tenants with time-limited permission, a follow-up duty when that permission runs out, and a fine of up to £20,000 for each tenant for getting it wrong.

In this guide

Who you must check The three ways to check When to check Copies and records Follow-up checks Agents and sub-letting Fines and prison Frequently asked questions Sources

Who you must check

GOV.UK is plain about it: before the start of a new tenancy, you must check all tenants aged 18 and over, even if they are not named on the tenancy agreement, there is no tenancy agreement, or the agreement is not in writing. The duty covers lodgers too.

You must check every new adult tenant, not only those you think are not British. Checking only some people because of where they appear to be from is unlawful discrimination, and the cleanest way to avoid it is to run the same check on everyone.

Lets you do not need to check

Type of accommodationRight to rent check needed?
Ordinary private let, including HMOs and lodgersYes, every adult
Social housingNo
A care home, hospice or hospitalNo
A hostel or refugeNo
A mobile homeNo
Student accommodationNo
Accommodation provided by a local authorityNo
Tied accommodation provided as part of a jobNo
A lease of 7 years or longerNo

From GOV.UK, "Check your tenant's right to rent: who you have to check", read on 5 October 2026. The landlords' code of practice sets out the detail and any checks needed instead.

The three ways to check

GOV.UK gives landlords three routes. Whichever you use, the check must be done before the tenancy begins.

MethodWho it suitsWhat you do
Check original documents yourselfAnyone with acceptable documents, including British and Irish citizensSee the originals with the tenant present, check they are genuine and belong to them, copy them and record the date
A registered Digital Verification Service (DVS)British and Irish citizens with a valid passport or passport cardA certified identity provider checks the document digitally; you keep its result
Home Office online check with a share codeTenants with an eVisa or other digital immigration statusThe tenant gives you a share code and date of birth; you view their right to rent online and keep the result

For a British or Irish citizen, GOV.UK lists a British passport (current or expired), an Irish passport or passport card (current or expired), or a certificate of registration or naturalisation as a British citizen as the usual documents, with other combinations possible. Most other tenants now prove their status online with a share code, because the Home Office has moved to eVisas.

If a tenant is a Commonwealth citizen without the right documents, or has an outstanding application or appeal, GOV.UK says to check with the Home Office rather than turn them away.

When to check

The private renting rules changed on 1 May 2026 under the Renters' Rights Act, but the right to rent duty itself sits in the Immigration Act 2014 and still applies to every new tenancy. Our Renters' Rights Act checker covers the other changes.

Copies and records

When you check original documents, GOV.UK asks you to:

Copies are personal data, so store them securely and delete them when the year is up. Online check results and DVS reports should be kept for the same period.

Follow-up checks

If a tenant's permission to stay has a time limit, you must check again. GOV.UK says to do the follow-up check just before whichever is later: the end of the tenant's permission to stay, or 12 months after your previous check.

Tenant's statusInitial checkFollow-up check
British or Irish citizenBefore the tenancyNone
Permission with no time limit, such as settled statusBefore the tenancyNone
Time-limited permission, such as a work or student visaIn the 28 days before the tenancyJust before the later of permission ending or 12 months after the last check

If a tenant fails a follow-up check, you must tell the Home Office. GOV.UK warns that not reporting it can lead to a fine or up to 5 years in prison.

Agents and sub-letting

You can ask a letting agent to do the checks for you, and GOV.UK says the agreement should be in writing. With a written agreement in place, the agent rather than the landlord is responsible for checks it has agreed to do. If a tenant sub-lets without your knowledge, the tenant becomes responsible for checking the sub-tenants and is liable for any penalty.

Doing the check yourself costs nothing: the Home Office online service and the original document check are both free. A Digital Verification Service charges a fee set by the provider.

Fines and prison

GOV.UK states that if you rent to someone who does not have the right to rent in England, you can get a fine of up to £20,000 for each tenant, or be sent to prison. The amount depends on whether it is a first or repeat breach and whether the person is a tenant or a lodger, as set out in the landlords' code of practice. Fines are per person, so a shared house with several unchecked adults multiplies quickly.

A correct check, made and recorded on time, gives you what the landlords' code of practice calls a statutory excuse against the civil penalty. That is the whole point of keeping dated copies. Our civil penalties guide sets right to rent fines alongside the other penalties a landlord can face.

Frequently asked questions

Do I need to check British tenants' right to rent?

Yes. You must check every adult tenant aged 18 and over, whatever their nationality. Checking only people you think are not British is unlawful discrimination.

How long before a tenancy can I do a right to rent check?

For a tenant with time-limited permission to stay, in the 28 days before the tenancy starts. For everyone else, at any point before the tenancy begins.

How long do I keep right to rent copies?

For as long as the person is your tenant and for one year after the tenancy ends.

Does my letting agent do the right to rent check?

Only if you agree it with them, and GOV.UK says that agreement should be in writing. Otherwise the duty stays with you.

What is the fine for not doing a right to rent check?

Up to £20,000 for each tenant, according to GOV.UK, depending on whether it is a first or repeat breach and whether the person is a tenant or lodger. Renting to someone you know has no right to rent can also lead to prison.

Sources

GOV.UK, Check your tenant's right to rent (who to check, how to check, copying documents, further checks, agents and subletting); Home Office, Landlords: immigration right to rent checks, including the landlords' code of practice and the document checks user guide (updated 1 October 2026). Checked 5 October 2026. See the methodology.

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