Right to Rent — Landlord Obligations

Since 1 February 2016, all private landlords in England have been legally required to carry out Right to Rent checks before the start of a new tenancy, to confirm that prospective tenants have the legal right to reside in the UK.

What Is a Right to Rent Check?

A Right to Rent check involves verifying that every adult who will live in the property as their main home has the legal right to rent in England. This applies to all prospective adult tenants and any other adults who will occupy the property, regardless of their nationality — including British citizens.

How to Carry Out the Check

There are now two ways to conduct Right to Rent checks:

1. Manual Document Check

Acceptable documents include a British or Irish passport, a UK birth certificate combined with a National Insurance number document, or an EU Settlement Scheme share code. You must check the document in person (or by video call), confirm it is genuine and relates to the person in front of you, and copy it. You must retain copies for the duration of the tenancy plus 12 months.

2. Online Home Office Check

For persons with a biometric residence permit, EU Settlement Scheme status, or a UK Visas and Immigration (UKVI) account (eVisa), you must use the Home Office online checking service. The prospective tenant generates a share code which you verify at gov.uk/landlords-online-right-to-rent-checks. This is the required method for verifying most non-British nationals — you should not accept a physical document where an eVisa applies.

Time-Limited Right to Rent

Some people have a time-limited right to rent — for example, those with a visa valid for a set period. You must make a note of the document expiry date and conduct a follow-up check before that date. If you find that a tenant no longer has the right to rent, you must notify the Home Office. Provided you have complied with the checking requirements and reported appropriately, you have a statutory excuse against a civil penalty.

Penalties for Non-Compliance

Landlords who let to someone without the right to rent face a civil penalty of up to £20,000 per illegal occupant for a first breach, rising to an unlimited fine and/or up to five years’ imprisonment for repeat or deliberate breaches (under the Immigration Act 2014 and Immigration Act 2016). Redbridge Property conducts Right to Rent checks on behalf of all landlords whose tenancies we manage.