Compliance Guide
Right to Rent Checks for Landlords — Immigration Act Requirements & How to Comply
How to conduct Right to Rent checks: acceptable documents, online checking service, penalties up to £20,000, and which tenants need follow-up checks.
Right to Rent Quick Reference
Legal basis
Immigration Act 2014, Part 3 (Right to Rent). Immigration Act 2016 (criminal sanctions). Immigration (Residential Accommodation) (Prescribed Requirements and Codes of Practice) Order 2014. Home Office Code of Practice on illegal immigrants and private rented accommodation.
Renewal cycle
As required
Who can issue
The landlord or a designated letting agent conducts the check — it is not a third-party certification. The Home Office provides an online Right to Rent checking service for share code verification. Letting agents can be contractually responsible but the legal duty remains with the landlord.
Max fine
£20,000 (repeat offence)
Prison risk
Up to 5 years imprisonment for knowingly renting to an illegal occupant
Section 21
Does not block
1. Overview
Right to Rent checks are a legal requirement for landlords in England to verify that prospective tenants have the immigration status to live in the UK. Introduced under the Immigration Act 2014 and expanded by the Immigration Act 2016, the scheme requires landlords to check original identity documents before granting a tenancy. Acceptable documents fall into two lists: List A documents (such as a UK or Irish passport, or EU Settlement Scheme share code) establish a continuous right to rent with no follow-up needed. List B documents (such as a time-limited visa or Biometric Residence Permit) establish a time-limited right to rent, requiring a follow-up check before the permission expires.
The check must be conducted before the tenancy starts — ideally within 28 days before the start date. Landlords must see original documents (not photocopies), verify they belong to the prospective tenant (checking photos and dates of birth), make clear copies, record the date the check was made, and retain copies for the duration of the tenancy and for one year after it ends. For tenants with a share code (EU Settlement Scheme or BRP holders), landlords must use the Home Office online checking service rather than physical documents.
Penalties for non-compliance are severe. A first offence carries a civil penalty of up to £10,000 per tenant, rising to £20,000 for a repeat offence. Since the Immigration Act 2016, landlords who knowingly let to someone without the right to rent face criminal prosecution, with a potential prison sentence of up to five years. The Home Office conducts enforcement visits, and reports from tenants, neighbours, or other agencies can trigger an investigation. Landlords can establish a "statutory excuse" defence by demonstrating they conducted the prescribed checks correctly.
2. Cost
A Right to Rent typically costs between £0 and £0. There is no direct cost — landlords conduct the check themselves using free Home Office tools. Letting agents may include it in their management fee. Some third-party services charge £5–£15 per check for digital verification and record-keeping.
3. Regional Variations
England
Right to Rent applies in full across England. All landlords must check every adult occupant's immigration status before granting a tenancy. The Home Office online service is the preferred method for share code checks. Civil penalties start at £5,000 per occupant for a first breach, £10,000 for subsequent breaches (increased from February 2024).
Wales
Right to Rent does NOT apply in Wales. The Welsh Government has consistently opposed the scheme, and the Immigration Act provisions were not extended to Wales. Landlords in Wales have no legal obligation to check immigration status, though some voluntarily do so. The Renting Homes (Wales) Act 2016 does not include any equivalent requirement.
Scotland
Right to Rent does NOT apply in Scotland. The Scottish Government opposed the scheme during its pilot phase, and it was never extended north of the border. There are no immigration-related letting obligations for Scottish landlords under current legislation.
Northern Ireland
Right to Rent does NOT apply in Northern Ireland. The scheme was only ever introduced in England. Northern Irish landlords have no legal duty to check tenants' immigration status, though letting agents may choose to verify identity for their own due diligence.
4. Right to Rent by Location
Requirements and costs vary by local authority. Select your area for council-specific guidance.
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Start tracking your Right to RentFrequently Asked Questions
Which documents are acceptable for a Right to Rent check?
List A (unlimited right): UK or Irish passport, EU Settlement Scheme settled status share code, Certificate of Registration/Naturalisation with a photo. List B (time-limited right): Valid visa in a non-UK passport, Biometric Residence Permit (BRP), EU Settlement Scheme pre-settled status share code, Home Office positive verification letter. Always check the Home Office's current acceptable documents list, as it is updated periodically.
Do I need to check existing tenants or only new ones?
You must check all new tenants before the tenancy starts. For existing tenants who provided List B documents (time-limited permission), you must conduct a follow-up check before their permission expires. You do not need to retrospectively check tenants whose tenancy started before 1 February 2016 (or 1 December 2014 in the original pilot areas).
What if a tenant cannot provide documents because of an ongoing Home Office application?
If a tenant has an outstanding application or appeal with the Home Office, use the Landlord Checking Service (a free Home Office service) to verify their status. You will receive a response within 2 working days confirming whether they have a right to rent. This provides you with a statutory excuse even if the tenant's status is later refused.
Can I be accused of discrimination when conducting Right to Rent checks?
Yes, if you do not apply checks consistently. You must check ALL prospective tenants, regardless of nationality, ethnicity, or appearance. Checking only people who 'look foreign' is unlawful discrimination under the Equality Act 2010. The Home Office Code of Practice requires identical checks for every adult who will occupy the property.
How long must I keep Right to Rent documents?
You must retain copies of the documents (and a record of the date checked) for the duration of the tenancy plus one year after it ends. If you lose the records, you lose your statutory excuse and could face a civil penalty if the tenant is found not to have the right to rent. Digital copies (scans or photos) are acceptable provided they are clear and legible.