Property & Landlord

Right to Rent Checks — Complete Guide 2026

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England · Immigration Act 2014 · Updated October 2026

What are Right to Rent checks?

Right to Rent is a legal requirement for landlords in England to check that all adult occupants of a rented property have the legal right to rent residential property in the UK before granting a tenancy. The requirement was introduced by the Immigration Act 2014 and applies to all private landlords.

Applies to England only: Right to Rent checks are not required for tenancies in Scotland, Wales, or Northern Ireland.

Who must be checked?

All adults (aged 18 or over) who will occupy the property as their only or main home must be checked, including:

You do not need to check children under 18, or people who will not be living in the property as their only or main home.

When to do the check

Check everyone before you enter into the tenancy agreement. For someone with an unlimited right to rent (for example a British or Irish citizen, or someone with settled status), you can do the check at any time before the agreement is made. For someone with time-limited permission, the check must be done no more than 28 days before the tenancy starts, and you will need a follow-up check later.

How to carry out Right to Rent checks

There are three ways to conduct the check:

Document typeCheck requiredFollow-up check?
British/Irish passport or right of abode certificateBefore tenancy startsNo — indefinite right to rent
eVisa or other time-limited status (share code; BRPs are no longer accepted)Before tenancy starts using the online serviceYes — by the later of the end of their permission or 12 months after your first check
Home Office Positive Verification NoticeBefore tenancy startsYes — when notice expires

Penalties for non-compliance

OffenceCivil penalty
First breach — letting to a disqualified person (landlord or agent)Up to £10,000 per occupier (£5,000 per lodger)
Repeat breach within 3 yearsUp to £20,000 per occupier (£10,000 per lodger)

You have a statutory excuse (protection from penalty) if you carried out the check correctly before the tenancy started and kept a copy of the documents. Keep all Right to Rent check records for the duration of the tenancy plus one year.

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Covers all start-of-tenancy obligations including Right to Rent checks, deposit protection, prescribed information, the Renters' Rights Act Information Sheet, gas safety, and EICR requirements.

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