Right to Rent was introduced under the Immigration Act 2014. It's important for landlords to understand what it means in practice.  The scheme places restrictions on access to rented accommodation for those without lawful immigration status. Accessing rented accommodation in England requires all adult occupants to prove they're in the UK legally before being granted a tenancy.  This is done through a Right to Rent check, and it applies to every adult aged 18 or over who will live in the property as their main home, whether or not they're named on the tenancy agreement. Right to Rent only applies in England. If you're letting a property in Scotland, Wales or Northern Ireland, these checks aren't a legal requirement, though other identity and referencing checks are still good practice.

What is a Right to Rent check?

A Right to Rent check confirms a prospective tenant's immigration status before they move in. There are now two main routes for doing this, and which one applies depends on the tenant's nationality and documents. For British and Irish citizens, the check is still largely document-based. They can prove their right to rent using a valid passport, and Irish citizens have an automatic right to rent. Landlords can also choose to use a certified digital verification provider to check a British or Irish passport electronically, though this is optional and mainly used by letting agents and referencing services managing checks at scale. For everyone else, the process is now mostly digital. The tenant generates a Right to Rent share code through the "Prove your right to rent in England" service on GOV.UK. This produces a unique, nine-character code, always starting with the letter "R", which is valid for 90 days.  The tenant gives this code, along with their date of birth, to the landlord or agent, who checks it online to see the person's photo, immigration status, and any time limit on their permission to stay.  The check must always be completed before the tenancy begins, and the tenant's permission to stay must be valid on that date. Where a tenant has time-limited status - a visa that will expire at some point - a follow-up check is required before that permission runs out, and this follow-up must be carried out no later than 28 days before the expiry date.

A note on Biometric Residence Permits and EEA documents

If you've been checking Right to Rent for a while, it's worth knowing what's changed. Older guidance allowed EEA and Swiss nationals to prove their right to rent using a passport or national ID card, in the same way as UK citizens. That's no longer the case. Since free movement ended, most non-UK, non-Irish nationals need to prove their status through the online share code system instead. Biometric Residence Permits are also being phased out. Where a tenant's status has moved onto a digital record, a landlord should run the online check rather than relying on the physical card alone, even if it looks valid and hasn't expired. Treating a BRP as standalone proof when a digital record exists can mean the landlord doesn't have a valid statutory excuse if something later turns out to be wrong.

What are the landlord's/agent's responsibilities?

The landlord or agent must:
  • Check every adult who will live in the property as their only or main home
  • For document-based checks, see the original documents in person and confirm they're genuine and current
  • For share code checks, verify the code online and record the result
  • Keep a copy of the documents seen, or a record of the online check, along with the date it was carried out
  • Carry out follow-up checks where a tenant's right to rent is time-limited, for example, when a visa or permission to stay is due to expire
If a follow-up check shows that someone no longer has a valid right to rent, the landlord or agent is required to report this to the Home Office.

What documents are acceptable?

For British and Irish citizens, acceptable documents include a valid passport or a valid UK driving licence combined with an original UK birth or adoption certificate. For EEA and Swiss nationals and all other non-UK, non-Irish nationalities, the right route is now the online share code system. Most EEA and Swiss nationals will have Settled or Pre-Settled Status under the EU Settlement Scheme, and their right to rent is confirmed digitally - a national ID card or passport alone is not sufficient and does not give the landlord a statutory excuse. Physical documents such as a Biometric Residence Permit or a passport with a valid visa may still apply in limited circumstances for non-EEA nationals, but where a digital immigration record exists, the online check takes precedence. If in doubt, use the share code route or contact the Home Office Landlord Checking Service.

If a tenant can't provide a share code or documents

Not every situation is straightforward. A tenant may be in the process of applying for, appealing, or reviewing their immigration status, and in these cases, they won't yet have a share code or documents to show. Landlords shouldn't refuse the tenancy automatically or make assumptions about someone's status in this situation.  Instead, the correct step is to use the Home Office Landlord Checking Service, which can confirm whether the person has a right to rent while their case is being considered. Where the Home Office confirms this, they'll issue a Positive Right to Rent Notice, giving the landlord a statutory excuse for a set period, after which a follow-up check is needed.

Getting it wrong

The penalties for not carrying out compliance checks are significant, and they were increased in February 2024. Landlords can face a civil penalty of up to £10,000 per occupier for a first breach, rising to £20,000 for repeat breaches within three years.  Where a landlord is found to have knowingly let to someone without the right to rent, this can lead to criminal prosecution, an unlimited fine, or up to five years' imprisonment. Carrying out and properly recording a compliant check gives you a statutory excuse, which protects you from a penalty even if the tenant's circumstances change later on.