Since 1 February 2016, all landlords in England have been required to check that their tenants have the right to rent residential property in the UK. This applies to all new tenancies and to anyone aged 18 or over who will occupy the property as their only or main home.
Getting right to rent checks wrong can result in significant fines, so it is important to understand the process and follow it consistently.
Who Needs to Be Checked?
You must check all prospective tenants aged 18 or over before the start of the tenancy. This includes:
- Named tenants on the tenancy agreement
- Other adults who will live in the property (even if not named on the tenancy)
- Lodgers, if you are a live-in landlord
You do not need to check tenants under 18, or existing tenants who moved in before 1 February 2016 (unless starting a new tenancy agreement).
How to Conduct the Check
Step 1: Obtain Original Documents
You must see original documents — not copies, not photos. Acceptable documents include:
- UK or Irish passport (current or expired)
- Biometric Residence Permit (BRP)
- EU Settlement Scheme share code (checked online)
- Certificate of registration or naturalisation as a British citizen
The full list of acceptable documents is published by the Home Office in two lists: List A (unlimited right to rent) and List B (time-limited right to rent).
Step 2: Check the Documents
Verify that the documents are genuine, belong to the person presenting them, and have not expired. Check photographs match the person, dates of birth are consistent, and the document has not been tampered with.
Step 3: Make and Keep Copies
Make a clear copy of the relevant pages (photo page, any pages with endorsements). Record the date of the check. Keep copies for the duration of the tenancy and for 12 months after the tenancy ends.
Online Checking Service
For tenants with EU Settlement Scheme status, BRP holders, and holders of eVisas, you should use the Home Office online checking service at gov.uk/view-right-to-rent. The tenant generates a share code which you enter along with their date of birth. Print or save the result as your record.
Repeat Checks
If a tenant has a time-limited right to rent (List B documents), you must conduct a follow-up check before their permission expires. Set a reminder for this date — if their permission expires and you have not conducted a follow-up check, you lose your statutory excuse and could face a penalty.
Penalties
Failure to conduct proper right to rent checks can result in:
- Civil penalty: Up to £3,000 per tenant for a first offence; up to £10,000 for repeat offences
- Criminal offence: If you know or have reasonable cause to believe a tenant does not have the right to rent, you can face up to 5 years' imprisonment
Having a "statutory excuse" — meaning you conducted the check correctly — protects you from penalties even if a tenant turns out not to have the right to rent.
Record-Keeping
Good record-keeping is your best defence. Keep copies of all documents checked, the date of each check, and any share code verification results. Keyvant helps you manage tenant records with all relevant dates tracked in one place.