Right to Rent Guide for Landlords

If you’re a landlord letting a property in England, you might question, “What is a right to rent check?” In short, it’s a legal requirement to confirm every adult occupier has the right to live in the UK before they move in.

This right to rent guide explains what right to rent means for landlords, why the checks are a legal requirement, and what it’ll cover, including documents, the checking process, and potential penalties for non-compliance. The scheme’s legal basis sits under the Immigration Act 2014, as amended by the Immigration Act 2016, and applies before any tenant moves in.

What is a right to rent check? In short, landlords in England are legally required to check that every adult occupier has the legal right to live in the UK before they move into a rental property. It applies to all adult occupiers, not just the person or people named on the tenancy agreement.

There are two types of statuses that you should be aware of:

• Permanent right to rent: Applies to British and Irish citizens, and people with settled status.
• Time-limited right to rent: Covers people with a visa or other immigration permission that has an expiry date.

Following a 2024 Home Office update, holders of pre-settled status under the EU Settlement Scheme (EUSS) no longer need a follow-up check once the initial check has been completed. This is a helpful simplification for landlords letting to EU nationals, and it’s worth keeping in mind to avoid requesting unnecessary checks.

The right to rent scheme only applies in England. If you’re letting a property in Scotland, Wales, or Northern Ireland, different rules may apply.

Once you know what a right to rent check is, the next stage is understanding who needs one. It’s a common misconception that only those named on the tenancy agreement need a right to rent check. By law, all those aged 18 and over who will be living in the property as their only home or their main home must undergo right to rent checks, regardless of nationality.

The obligation extends to landlords who sub-let and homeowners taking in lodgers.

The government provides exemptions to address certain circumstances whereby conducting the checks would be counterproductive or impractical. They do not exist to create loopholes or grey areas, but rather to ensure fairness and inclusivity. The government reviews the exemptions from time to time; you should therefore check official guidance for the latest position.

Those exempt from right to rent checks include:

• Under-18s
• Local authority housing
• Care homes
• Hospices
• Mobile homes
• Tied accommodation (housing provided by an employer to the employee, often as a requirement or benefit of the job)
• Student halls of residence
• Holiday lets – if you let a holiday home, it’s worth knowing right to rent sits alongside other landlord responsibilities specific to that type of letting.

Privately let student housing, meaning anywhere that isn’t university-run halls, still requires a right to rent check. The exemption only applies if the university has a formal nomination agreement in place for the student to live at that specific property.

What is a right to rent share code? It’s a code issued by the Home Office to tenants with digital immigration status, such as those with an eVisa. The Home Office has phased out Biometric Residence Permits(BRPs) and Biometric Residence Cards (BRCs), so tenants who’d previously have held one of these now use a share code instead. A tenant is able to generate this code through their gov.uk immigration status account and share it with their prospective landlord, alongside their date of birth, so their status is able to be checked online.

Right to rent share codes are valid for 90 days, meaning any provided by prospective tenants will be recent. In the event you require the tenant to provide a new one, the process is typically instantaneous. Once you have their code and date of birth, you’re able to enter them into the Home Office online checking service to get a real-time result, including a photo to match against the tenant in person.

It’s worth knowing that a right to rent share code starts with an “R”, helping to distinguish it from share codes used for other purposes, such as right to work checks.

As a landlord, you need to see either a share code or original documentation that proves the tenant’s right to rent. These documents fall into two lists depending on the tenant’s status.

British and Irish citizens generally hold a permanent right to rent, and there are several documents that landlords accept as proof. The Home Office classifies these as “List A” documents.

A current or expired British passport or Irish passport, or passport card, are often the most straightforward options, and a current UK driving licence (full or provisional) is also widely accepted.

Beyond these, landlords accept:

• A certificate of registration or naturalisation as a British citizen.
• A full birth or adoption certificate from the UK, Guernsey, Jersey, the Isle of Man, or Ireland.
• A letter from an employer, alongside other supporting evidence.

Alongside those listed, there are a few others that establish a permanent right to rent, with no follow-up check needed. In the event a tenant presents something outside of the examples above, review the full government-approved list here.

What is a right to rent document for a non-British or non-Irish tenant? For this group, proof of right to rent typically comes from the online share code system rather than a physical document, since BRPs and BRCs have been phased out in favour of eVisas. In practice, most tenants in this category should no longer hold a physical document at all, which is why the share code has become the main verification route.

“List B” approved documents establish a time-limited right to rent only. In the event a tenant presents something outside of the examples above, you will find a full government-approved list here.

When a tenant presents a landlord with a List B document, a statutory excuse (defined below) should apply for the longest of the following:

• One year, beginning with the date the checks were last made.
• Until the tenant’s period of immigration permission in the UK expires.
• Until the expiry of the Home Office-issued immigration document that evidences their right to be in the UK.

A statutory excuse is the legal defence under Section 24 of the Immigration Act 2014 that helps to protect a landlord from civil penalty, provided the checks were completed on time and correctly. The Home Office has produced guidance for both tenants and landlords, and as a landlord, you should also keep a copy of any documents on file for a year after the tenancy ends.

The Home Office often refers to these individuals as “B5JSSK” nationals. Nationals of Australia, Canada, Japan, New Zealand, Singapore, South Korea, and the USA typically enter the UK via an eGate. This means their passport might not carry a stamp showing their date of arrival, which matters for this particular check.

These nationals have an automatic right to rent for 6 months from their arrival. These nationals may evidence this with their passport, along with proof of the date they arrived, such as a boarding pass, travel ticket, or booking confirmation. A follow-up check is still needed before the 12-month mark to confirm their continued right to rent, even though their 6-month automatic entitlement will have expired by then. This is a distinct check type, separate from both List A and List B documents.

Now that you know what a right to rent check is, here’s how to carry one out. There are three main routes: manual checks, the Home Office online service, or checks through a verified provider. Landlords aren’t able to insist a tenant use a particular method, so if a tenant is eligible for a manual check and prefers it, the landlord should accept this rather than requiring a digital or online check instead.

A manual right to rent check should involve:

• Obtaining original documents from the tenant.
• Checking these documents with the tenant present.
• Copying the documents and retaining them, without needing physical documents, with the check date recorded.

The Home Office online service is a free, secure way to check a tenant’s status using a share code and date of birth. It confirms their status in real time, without needing physical documents, and may be accessed here.

Most non-British and Irish tenants now hold digital status, so this online, share-code-based check has become the default method rather than an alternative.

British and Irish passport holders also have the option of using a certified Identity Service Provider (IDSP) for digital identity verification. This route sits alongside the manual and online checks, and it’s worth being aware of the new Right to Rent Code Practice, which takes effect from 1st October 2026.

As a landlord, you may appoint a letting agent to carry out checks on your behalf, but you must put a written agreement in place for liability to transfer. Without this, you remain responsible for any penalties, even if an agent conducted the checks. If you manage several properties through agents, our multiple property insurance page covers how cover can flex around how you manage your portfolio.

Knowing what a right to rent check is only helps if it takes place at the suitable time. A right to rent check should take place before the tenancy starts, and for every new tenancy agreement. Renewals with the same tenant don’t require a fresh recheck.

Follow-up checks are needed for either 12 months after the initial check, or shortly before the tenant’s visa or permission expires, whichever is later. As mentioned, pre-settled status holders under the EUSS no longer need a follow-up check provided the initial check has been correctly completed.

A “tenancy in principle” is a conditional rental agreement made before full tenant identity or legal checks are completed. Landlords may agree to one before a tenant arrives in the UK, but the right to rent check must still take place on arrival, before the tenant moves in. As good practice, it may help to carry out the check in the 28 days before the tenancy starts, as opposed to leaving it until the last moment, although guidance varies on this point.

Understanding what a right to rent check is only matters if it’s carried out correctly, as landlords who fail to comply may face civil penalties or criminal liability. Right to rent checks are one of several legal responsibilities that landlords need to stay on top of. Landlord insurance can help support you in managing the wider risks of letting a property, from suitable buildings and contents cover through to liability protection.

Civil penalties may reach up to £5,000 per lodger, or £10,000 per occupier, for a first breach. This may rise to £10,000 per lodger, or £20,000 per occupier, for a repeat breach within three years. Since December 2016, the courts may treat non-compliance as a criminal offence under the Immigration Act 2016, carrying potential imprisonment, not just a fine. Find further details on current penalty figures here.

Staying on top of checks like this is one part of managing risk as a landlord, and suitable landlord insurance can help support you with the wider responsibilities that come with letting a property.

Checks that landlords carry out and document provide a “statutory excuse” against liability, even if a tenant is later found not to have the right to rent. This is one of the main reasons it’s worth keeping thorough, dated records of every check you conduct.

This right to rent guide wouldn’t be complete without a note on discrimination.

Right to rent checks involve verifying nationality and immigration status, so landlords should take care to avoid discriminating against tenants in the process. To remain compliant with discrimination legislation, landlords must consistently apply checks to all prospective tenants, regardless of nationality or perceived immigration status.

The Home Office’s Code of Practice guides landlords on how to avoid discriminating against prospective tenants when carrying out right to rent checks and is helpful further reading.

Please note that these frequently asked questions are not a substitute for the policy wording. For full terms and conditions, please see the policy documentation.

A right to rent share code is issued by the Home Office to tenants with digital immigration status, such as those with an eVisa. It lets landlords or letting agents securely check a prospective tenant’s digital immigration status and legal right to rent in England. The code is a unique nine-character alphanumeric string, starting with an “R” and stays valid for 90 days.

Proof of right to rent means showing original documents, or a right to rent share code, confirming a tenant’s immigration status. These fall into two lists depending on the tenant’s status: British and Irish citizens are covered by “List A”, and Non-British and Non-Irish Citizens are covered by “List B”.

It depends on their status. A time-limited right to rent needs a follow-up check at 12 months or before expiry, whichever is later. Permanent right to rent and tenancy renewals don’t need a recheck.

Introduced under the Immigration Act 2014, a right to rent check is a legal requirement for landlords in England to confirm every adult occupier has the right to live in the UK before moving in – so if you’ve been asking what is a right to rent check, this is the legal basis for it. It applies to all occupiers, not just the named tenant. Scotland, Wales, and Northern Ireland don’t recognise or require right to rent checks.

The government exempts the following groups from right to rent checks: under-18s, local authority housing, care homes, hospices, mobile homes, tied accommodation, student halls of residence, and holiday lets. Privately let housing still requires a right to rent check, unless the university has formally nominated the student for that specific property.

The sole purpose of this article is to provide guidance on the issues covered. This article is not intended to give legal advice, and, accordingly, it should not be relied upon. It should not be regarded as a comprehensive statement of the law and/or market practice in this area.

We make no claims as to the completeness or accuracy of the information contained herein or in the links which were live at the date of publication. You should not act upon (or refrain from acting upon) information in this publication without first seeking specific legal and/or specialist advice. Just Landlords trading as Arthur J. Gallagher Insurance Brokers Limited accepts no liability for any inaccuracy, omission or mistake in this publication, nor will we be responsible for any loss which may be suffered as a result of any person relying on the information contained herein.