Property & Landlord

Right to Rent Checks — Complete Guide 2026

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England · Immigration Act 2014 · Updated June 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. You do not need to check occupants who are staying for fewer than 28 days if the property is not their main home.

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
Biometric Residence Permit (BRP)Before tenancy startsYes — before expiry date on BRP
UKVI share code (visa granted)Before tenancy starts using online serviceYes — before visa expiry
Home Office Positive Verification NoticeBefore tenancy startsYes — when notice expires

Penalties for non-compliance

OffenceCivil penalty
First offence — letting to disqualified personUp to £10,000 per occupier
Repeat offenceUp to £20,000 per occupier
Agent conducting checks (first offence)Up to £5,000 per occupier

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.

Get the Landlord Compliance Checklist 2026

Covers all start-of-tenancy obligations including Right to Rent checks, deposit protection, prescribed information, How to Rent guide, gas safety, and EICR requirements.

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