Right to Rent checks landlord: how to check a tenant properly

In England, right to rent checks mean you must confirm that every adult aged 18 and over who will live in your property as their only or main home is allowed to rent, before the tenancy begins. You can check original documents, use a registered Digital Verification Service, or check online using a share code, and you must keep records.

Who must a landlord check for right to rent in England?

The GOV.UK guidance says you must check that a tenant or lodger can legally rent your residential property in England. The Home Office guide describes the Right to Rent Scheme (the Scheme) and says checks apply to adult occupiers (meaning people aged 18) before a residential tenancy begins.

• Check all tenants aged 18 and over before the start of a new tenancy, even if they are not named on the tenancy agreement, there is no tenancy agreement, or the agreement is not in writing.
• Check every adult who will occupy the property as their only or main home, regardless of nationality.

You must not discriminate. GOV.UK is clear that it is against the law to only check people you think are not British citizens, and you must not discriminate against anyone because of where they are from.

It also helps to be clear on the terms used in the guidance. The Home Office guide defines an adult as someone aged 18, and an occupier as a person authorised to occupy the property under the residential tenancy agreement, whether or not they are named on that agreement.

When do you need to do the initial right to rent check?

You must carry out right to rent checks on people before entering into a tenancy agreement with them. GOV.UK also sets a timing rule where a tenant is only allowed to stay in the UK for a limited time, saying you need to do the check in the 28 days before the start of the tenancy.

The Home Office guide notes that the Scheme applies only to residential tenancy agreements first entered into in different parts of England from 1 December 2014 and 1 February 2016, but if you are a landlord letting now, the key practical point in the guidance is that checks happen before the tenancy begins.

GOV.UK also flags upcoming changes: “The rules about private renting are changing on 1 May 2026. Check how this will affect new and existing tenancies .” If you are planning a let around that date, it is worth checking the GOV.UK page again.

Are any tenancies or accommodation types excluded from right to rent checks?

Yes. GOV.UK lists accommodation where you do not need to carry out right to rent checks. This matters if you are deciding whether the scheme applies before you collect documents or a share code.

You do not need to check tenants in these types of accommodation:

• social housing
• a care home, hospice or hospital
• a hostel or refuge
• a mobile home
• student accommodation

You also do not need to check tenants if they live in accommodation that:

• is provided by a local authority
• is provided as part of their job (known as ‘tied accommodation’)
• has a lease that’s 7 years or longer

GOV.UK also points landlords to the landlords’ code of practice to find out if you need to do any other checks instead, and says you must follow the landlord’s code of practice on illegal immigrants and private rented accommodation.

How can a landlord do a right to rent check (documents, DVS, share code)?

GOV.UK gives three ways to do a right to rent check. You can:

• check your tenant’s original documents yourself
• use a registered Digital Verification Service (DVS) to check your tenant’s documents
• view your tenant’s right to rent online if they have a share code

The Home Office guide also explains there are different types of right to rent check available, and includes definitions that can help when you are choosing the method. For example, it defines a share code as “a unique code generated by a person using the Home Office online service, which allows a landlord or agent to access information about that person’s right to rent.” It also states the share code “is valid for 90 days and must be used together with the person’s date of birth.”

If you rent your property to someone who does not have the right to rent in England, GOV.UK says you can get “a fine of up to £20,000 for each tenant or be sent to prison”. The Home Office guide also explains that if you carry out the checks correctly and keep the required records, you will establish “a statutory excuse against liability for payment of a civil penalty if an occupier is later found not to have the right to rent.”

How do you do a manual right to rent check with original documents?

GOV.UK sets out a simple process for checking original documents yourself. It also explains what you should look for, and what to copy and keep.

Manual check steps (as GOV.UK describes them)

1. Check which adults will use your property as their main home (your ‘tenants’).
2. Ask them for original documents that prove they can live in the UK.
3. Check their documents to see if they have the right to rent your property.
4. Check that each tenant’s documents are genuine and belong to them, with the tenant present.
5. Make and keep copies of the documents and record the date you made the check.

Which documents might be used?

GOV.UK gives examples for British and Irish citizens, saying they can usually prove their right to rent with 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. It also says they may be able to use a combination of other documents. It adds that you can check a British or Irish citizen’s physical documents yourself or use a registered DVS to check them.

If the tenant is not a British or Irish citizen, GOV.UK says they may be able to prove their right to rent with their original immigration documents. It also says you cannot accept biometric residence cards or permits, and if your tenant has one you should ask them for a share code instead.

What to look for when inspecting documents

GOV.UK says you need to check that:

• the documents are originals and belong to the tenant
• the photos on the documents are of the tenant
• the dates of birth are the same in all documents (and are believable)
• the documents are not too damaged or do not look like they’ve been changed
• if any names are different on documents, there are supporting documents to show why, such as a marriage certificate or divorce decree

If the tenant is not a British or Irish citizen, GOV.UK adds that you will also need to check that their permission to stay in the UK has not ended.

How do online right to rent checks work with a share code?

GOV.UK says you can view a tenant’s right to rent in England with a share code if your tenant has a biometric residence card or permit, has settled or pre-settled status, applied for a visa and used the ‘UK Immigration: ID Check’ app to scan their identity document on their phone, or has an eVisa (a digital record of their identity and immigration status).

GOV.UK’s process starts with asking your tenant for their share code. It also limits what you can demand: “If your tenant can prove their right to rent using an accepted, original document , you cannot insist they use the online service instead.” GOV.UK also says: “British and Irish citizens cannot get a share code. You’ll need to check their original documents instead.”

What records to keep for an online check

GOV.UK says that if the share code is valid, you will be taken to your tenant’s profile page. You will need to:

• save a record by printing out the profile page or saving it digitally as a file
• record the date you made the check
• keep this information for the time your tenants rent from you and for one year after
• make sure you follow data protection law

What records must you keep, and for how long?

Right to rent checks are not just about seeing documents or viewing an online status. The guidance is clear that keeping records is part of doing the check properly.

For manual checks, GOV.UK says to make and keep copies of the documents and record the date you made the check. It then gives detail on how to copy documents:

• make a copy that cannot be changed, such as a photocopy or a good quality photograph
• for passports, copy every page with the expiry date or applicant’s details (such as nationality, date of birth and photograph), including endorsements, for example a work visa or Certificate of Entitlement to the right of abode in the UK
• make a complete copy of all other documents
• record the date you made the copy

GOV.UK says: “Keep copies of the tenant’s documents for the time they’re your tenants and for one year after.” The online record keeping section uses the same retention period. Both sections also remind you to follow data protection law.

The Home Office guide explains why these records matter. It says that if you carry out the checks correctly and keep the required records, you will establish a “statutory excuse” against liability for a civil penalty if an occupier is later found not to have the right to rent.

When are follow-up checks needed, and what if a tenant fails one?

Follow-up checks apply where a tenant’s permission to stay is time limited. GOV.UK says: “You must do a follow-up check to make sure your tenant can still rent property in the UK if there’s a time limit on their permission to stay.” It adds: “You can get a fine if you do not do a follow-up check and your tenant’s permission to stay ends.”

GOV.UK also tells you when to do a follow-up check. Do it just before the later of:

• the end of your tenant’s permission to stay in the UK
• 12 months after your previous check

GOV.UK says you do not have to do a follow-up check if there is no time limit on the tenant’s permission to stay in the UK.

If a tenant fails a follow-up check, GOV.UK says: “You must tell the Home Office if you find out that your tenant can no longer legally rent property in England after doing a follow-up check.” It also warns: “You could be fined or sent to prison for up to 5 years if your tenant fails a follow-up check and you do not report it to the Home Office.”

What if the tenant cannot show documents or a valid share code?

If the tenant does not have the right documents or a valid share code, GOV.UK says you must use the landlord’s checking service to request a Home Office right to rent check. It gives examples of when the service can still confirm a right to rent, including where the Home Office has their documents, they have an outstanding case or appeal, or the Home Office told them they have ‘permission to rent’.

GOV.UK says: “You’ll get an answer within 2 working days.” It also says you will need the tenant’s Home Office reference number to use the service.

GOV.UK is clear about when you must not rent to someone in England. Do not rent if all of the following apply:

• they do not have the right documents
• they do not have a valid share code
• the Home Office right to rent check tells you they’re not allowed to rent

GOV.UK also highlights a Commonwealth citizen scenario. If the tenant is a Commonwealth citizen but does not have the right documents, it says to check with the Home Office because they might still have the right to rent in the UK.

If you need help with a check, GOV.UK provides the landlord’s helpline number and opening hours. Keeping your notes, copies, and dates organised makes these conversations much easier. If you want one place to track checks and follow ups, it helps to keep your landlord compliance admin together (see landlord compliance check).