Right to Rent checks: what landlords in England must do

Before you let a home in England, you must check that every adult who will live there has the right to rent. The rules come from the Immigration Act 2014 and the Home Office Code of Practice. A new version of the Code took effect on 1 October 2026. The main change is that people with an eVisa can only prove their status online.

Right to Rent applies only in England. There is no equivalent in Scotland or Wales.

Who you need to check

You must check every adult aged 18 or over who will live in the property as their only or main home. That includes adults who are not named on the tenancy agreement, such as a partner or grown-up child.

• Tenants and other occupiers: all adults, whether or not they sign the agreement.
• Lodgers: if you take in a lodger, you must check them too.
• Subletting: a tenant who sublets or takes in a lodger becomes responsible for checking that person.
• Children: you do not need to check under-18s. The Code says you can treat someone as a child if you are reasonably satisfied they are under 18.

Some types of accommodation are exempt, including social housing, care homes, hospitals and hospices, hostels and refuges, student halls, tied accommodation and long leases. A normal private let to a household is not exempt.

When to check

Do the check before the tenancy starts. A correct check done in time is what gives you a defence against a penalty, known as a “statutory excuse”.

The three ways to check

The 1 October 2026 Code allows three methods. Whichever you use, you must do it correctly to get a statutory excuse against a penalty.

1. Manual document check

Use this for people who have physical documents from the Home Office lists (List A or List B), set out in the GOV.UK guide to right to rent documents. A British or Irish passport, current or expired, is acceptable.

1. Get the original documents.
2. Check they are genuine and belong to the person, in their presence, either in person or by video call.
3. Make a clear copy of each document (front and back where relevant).
4. Record the date of the check and keep the copies securely.

2. Home Office online check (share code)

The person gets a share code from GOV.UK and gives it to you with their date of birth. You enter both on the official GOV.UK right to rent checking service. Check that the photo on screen is the person in front of you, and keep a clear copy of the result.

Only use the official GOV.UK service. Third-party websites that look similar are not acceptable.

3. Digital Verification Service Provider (DVSP)

A certified identity provider can check a British or Irish passport digitally for you. Under the new Code, DVSPs can also check some other List A and List B documents, but only where they receive the document from the person or body that issued it. The provider must be on the government register of certified services. Keep the provider’s result as your record.

DVSPs usually charge a fee per check. The statutory excuse only works if the provider appears on the government register of certified digital identity services at the time of the check.

eVisa holders: online only

Many non-UK and non-Irish nationals now hold an eVisa rather than a physical document such as a biometric residence permit. From 1 October 2026 the Code states that people with an eVisa can only prove their right to rent through the Home Office online service.

In practice that means:

• Do not accept a printout, screenshot or old BRP card as proof.
• Ask for a share code and check it on GOV.UK yourself.
• If the result shows a time-limited right, diary the follow-up check straight away.

Follow-up checks

If a tenant or occupier has a time-limited right to rent, your statutory excuse only lasts for a set period. You need a follow-up check before it runs out. The deadline is the later of:

• 12 months after your last check, or
• the date the person’s permission or document expires.

If the follow-up shows the person no longer has the right to rent, you must report it to the Home Office as soon as reasonably practicable and before your time-limited excuse runs out.

The Home Office Landlord Checking Service can help when someone cannot show documents, for example because they have an outstanding application or appeal. It gives a yes or no answer within two working days. A positive answer gives you a statutory excuse for 12 months.

Record keeping

Keep copies of documents or online check results:

• securely, in line with data protection law;
• for the whole tenancy and one year after it ends;
• with the date each check was done.

A folder per property, with the 12-month follow-up date noted for anyone with a time-limited right, is usually enough. Our certificate reminders can be used to log follow-up dates alongside your gas and electrical deadlines.

Penalties

The Home Office can issue a civil penalty for illegal renting if you let to someone without the right to rent and did not do a correct check. Fines rose on 13 February 2024 and were not changed by the new Code.

There is a 30% discount for fast payment of a first-breach penalty. Knowingly letting to someone who is disqualified can also be a criminal offence.

If your letting agent has agreed in writing to take responsibility for the checks, liability for a civil penalty rests with the agent instead.

Avoiding discrimination

A separate Home Office code covers avoiding unlawful discrimination. The key points:

• Check every adult the same way. Do not only check people who seem to be from abroad.
• Do not make assumptions about someone’s status from their name, accent, colour, nationality or how long they have lived in the UK.
• Do not refuse someone just because they have a time-limited right to rent or need an online check instead of a document.
• Keep your process written down and apply it to every applicant, so you can show you treated everyone equally if challenged under the Equality Act 2010.

Refusing tenants on discriminatory grounds can breach the Equality Act 2010 separately from the Immigration Act 2014 rules.

Quick checklist

• Identify every adult who will live in the property.
• Choose the right method: manual, share code or DVSP. eVisa holders must use a share code.
• Do the check before the tenancy starts (within 28 days for time-limited rights).
• Copy and date the evidence and keep it for the tenancy plus one year.
• Diary any follow-up checks.
• Report to the Home Office if a follow-up check fails.

For the rest of your pre-tenancy duties, see the landlord compliance checklist.