How to Carry Out Right to Rent Checks in England
Right to Rent checks are a legal requirement for landlords and letting agents renting residential property in England. The purpose of the check is to confirm that every adult occupier has permission to rent a home in England and to create a clear record showing that the correct process was followed. Right to Rent checks do not apply in Scotland, Wales or Northern Ireland.
What is a Right to Rent check?
A Right to Rent check confirms whether a prospective adult occupier is legally permitted to rent residential property in England.
The check must be completed before the tenancy begins. It involves checking acceptable evidence, confirming that the evidence belongs to the person who will live at the property and keeping a dated record of the result.
Landlords are not expected to investigate a person’s wider immigration history. They must, however, follow the correct checking procedure and apply it consistently to every prospective adult occupier.
Checks must not be based on a person’s nationality, ethnicity, accent, name or appearance.
Who needs to be checked?
A Right to Rent check should be carried out for every adult aged 18 or over who will use the property as their only or main home.
This includes adults who will live at the property even if they are not named on the tenancy agreement.
Do not check only the lead tenant. Every adult occupier must be considered separately.
Checks may also be required when a tenancy changes and a new adult moves into the property.
When should the check be carried out?
The check must be completed before the tenancy agreement is entered into or before the occupier moves into the property.
Where someone has a time-limited Right to Rent, the initial check should generally be carried out no earlier than 28 days before the tenancy agreement is entered into.
It is sensible to include the check in the normal pre-tenancy process alongside referencing, deposit arrangements, safety certificates and other compliance paperwork.
The main ways to complete a Right to Rent check
There are three main checking routes: a manual check using acceptable original documents; an online Home Office check using a Right to Rent share code; or a digital identity check through an approved Digital Verification Service.
The correct method depends on the occupier’s nationality, immigration status and the evidence they can provide.
Do not combine different methods unless the official guidance specifically allows it.
Manual document checks
A manual check involves inspecting acceptable original documents provided by the prospective occupier.
The landlord or agent should obtain original documents from the current Home Office list of acceptable evidence; check the documents while the occupier is present; confirm that the photographs and dates of birth are consistent with the person; check that names are consistent across the documents and tenancy records; ask for evidence where a name has changed; check that the documents do not appear to have been altered or tampered with; make a clear copy of every relevant page; and record the date the check was carried out.
For passports, copy the page containing the personal details, photograph, nationality, date of birth, passport number and expiry date. Copy any relevant endorsement or visa pages where required.
The landlord is not expected to be a trained document expert. The test is whether the documents appear reasonably genuine and relate to the person presenting them.
Biometric residence permits and biometric residence cards should not normally be accepted as physical proof of Right to Rent. The occupier should usually provide a share code so that an online check can be completed.
Online Right to Rent checks
Some occupiers can prove their Right to Rent using the Home Office online service. The occupier provides a Right to Rent share code and their date of birth, and the landlord then uses the official landlord checking service to view the person’s status.
The landlord should enter the share code and date of birth into the official service; confirm that the photograph and personal details match the occupier; check whether the person has an unlimited or time-limited Right to Rent; note any date by which a follow-up check is required; download or print the profile page showing the result; and record the date the check was completed.
A screenshot or printout provided by the occupier is not enough on its own. The landlord must access the official online service directly.
Digital Verification Services
A Digital Verification Service can be used in certain circumstances to check the identity of someone holding a valid British or Irish passport, including an Irish passport card.
The service uses identity document validation technology to confirm whether the document appears genuine and belongs to the holder.
The landlord remains responsible for checking that the person shown in the identity report is the prospective occupier.
A digital identity check does not remove the landlord’s responsibility to follow the full Right to Rent process and retain the appropriate evidence.
What if the occupier cannot provide documents or a share code?
In some cases, an occupier may have a Right to Rent but may be unable to provide acceptable documents or generate a share code. This may happen where an immigration application is outstanding, an appeal or administrative review is in progress, the Home Office is holding the person’s documents, or the person has another form of ongoing immigration status.
In these circumstances, the landlord may need to use the Home Office Landlord Checking Service. The landlord submits the required details, and the Home Office confirms whether the person has a Right to Rent.
Where the Home Office issues a Positive Right to Rent Notice, the landlord should keep a copy as evidence. The notice normally provides a time-limited statutory excuse, so a follow-up check may later be required.
What records should landlords keep?
The landlord should keep a clear record of the documents checked, the online status result, any Digital Verification Service report, any Positive Right to Rent Notice, the date the check was completed and any follow-up date.
Records should be stored securely for the full duration of the tenancy and for at least one year after the tenancy ends.
After the retention period has passed, the records should be securely destroyed in line with data protection requirements.
Files should be named consistently and linked to the relevant property, tenancy and occupier.
Follow-up checks for time-limited Right to Rent
A follow-up check may be required where an occupier has a time-limited Right to Rent.
The original statutory excuse will normally last until the latest applicable date shown by the occupier’s immigration permission, document or Home Office confirmation.
The online service may display the exact date by which the follow-up check must be completed.
The landlord should record this date immediately and complete the follow-up check before the existing statutory excuse expires.
At the follow-up stage, the landlord should repeat the appropriate checking process and retain a new dated record.
If the follow-up check confirms that the occupier still has a Right to Rent, the landlord’s statutory excuse continues.
If the occupier can no longer demonstrate a Right to Rent, the landlord should follow current Home Office guidance rather than taking immediate action based on assumptions.
Avoiding discrimination
Right to Rent checks must be applied consistently.
Landlords should not check only people they believe may be foreign nationals; make decisions based on accent, skin colour, name or appearance; refuse applicants simply because an online check is required; prefer applicants who hold British passports; or impose unnecessary requirements that are not part of the official process.
The same initial procedure should be explained to every prospective adult occupier.
Using RentClock to manage follow-up dates
RentClock can help landlords keep track of time-limited Right to Rent permissions and follow-up check dates.
A landlord can record the occupier’s name, property, date of the original check, method used, date a follow-up check is required, and notes about the evidence retained.
Automated reminders can reduce the risk of a follow-up deadline being overlooked.
RentClock is an administrative reminder tool. It does not carry out Right to Rent checks and does not replace the official Home Office process.
Right to Rent checklist
Before allowing an adult to occupy a rental property in England, confirm that you have identified every adult occupier; selected the correct checking method; completed the check before the tenancy or occupation begins; confirmed that the evidence belongs to the occupier; retained a clear dated record; recorded any follow-up deadline; stored the evidence securely; and applied the same process consistently to all applicants.
Final reminder
Right to Rent rules and acceptable documents can change. Landlords should always check the latest Home Office guidance before carrying out a check or relying on a previous procedure.
This guide provides general information and is not legal advice.
Frequently asked questions
No. The Right to Rent scheme applies to residential property in England. It does not apply in Scotland, Wales or Northern Ireland.
Yes. Checks should be completed for every adult aged 18 or over who will use the property as their only or main home, even if they are not named on the tenancy agreement.
A scanned or emailed copy is not normally enough for a manual check. The landlord must follow the correct manual, online or digital verification process.
No. The landlord should use the official Home Office service directly with the occupier’s share code and date of birth.
A follow-up check is usually required where the occupier has a time-limited Right to Rent. The check must be completed before the existing statutory excuse expires.
Evidence should be retained securely for the full tenancy and for at least one year after the tenancy ends.
The landlord may need to request confirmation through the Home Office Landlord Checking Service.
Related landlord guides
This guide is general information, not legal advice. Always check GOV.UK or a professional for your specific situation.