Right to Rent Checks: A Step-by-Step Guide

Since February 2016, landlords in England have been legally required to check that prospective tenants have the right to rent residential property in the UK. This obligation applies to all new tenancies and is enforced by the Home Office. Failing to conduct proper checks can result in civil penalties of up to £20,000 per occupier, and in serious cases, criminal prosecution.

This guide walks through the entire process: when to check, what documents to accept, how to use the online checking service, and how to maintain the correct records.

When Must You Conduct a Check?

You must conduct a Right to Rent check on every adult (aged 18 or over) who will occupy the property as their only or main home. The check must be completed before the tenancy starts. You cannot allow a tenant to move in before the check is complete.

The check applies to all prospective tenants, regardless of their nationality. You cannot check only certain tenants based on their appearance or perceived nationality, as this would constitute unlawful discrimination.

Step 1: Obtain Original Documents

Ask the prospective tenant to provide original documents that prove their right to rent. The Home Office publishes an approved list of acceptable documents, which falls into two groups:

List A: Unlimited Right to Rent

These documents prove an ongoing, unlimited right to rent. If a tenant provides a List A document, you do not need to conduct follow-up checks. List A documents include:

• A UK or Irish passport (current or expired)
• A certificate of registration or naturalisation as a British citizen
• An EU, EEA, or Swiss passport or national identity card with proof of settled status under the EU Settlement Scheme
• A permanent residence card, indefinite leave to remain biometric residence permit, or similar document proving permanent immigration status

List B: Time-Limited Right to Rent

These documents prove a right to rent for a limited period. If a tenant provides a List B document, you must conduct a follow-up check before the document expires. List B documents include:

• A current passport endorsed with a visa permitting a stay in the UK
• A biometric residence permit with a time-limited right to remain
• An EU Settlement Scheme certificate of application with proof of a pending decision
• A Home Office positive verification letter with an expiry date

Step 2: Check the Documents

You must check the documents in the presence of the prospective tenant (or via a live video call). Verify that:

• The documents are originals, not copies
• The photographs resemble the tenant
• The dates of birth are consistent across documents
• The documents have not expired (unless specifically allowed, such as expired UK passports)
• The documents do not appear to be fraudulently altered
• The names match across all documents (ask for supporting evidence if names differ, such as a marriage certificate)

Step 3: Make and Retain Copies

Make a clear copy of each document. For passports, copy the page with the photograph and personal details, and any page with visa endorsements. For biometric residence permits, copy both sides. For other documents, copy the entire document.

Record the date you made the check on the copy. You must retain these copies for the duration of the tenancy and for at least one year after the tenancy ends. Digital copies are acceptable, stored securely.

Step 4: Use the Online Checking Service (Where Applicable)

For tenants who hold a biometric residence permit, biometric residence card, or status under the EU Settlement Scheme, you should use the Home Office online Right to Rent checking service rather than (or in addition to) checking physical documents.

The tenant generates a share code from their Home Office account, which you enter along with their date of birth into the online checking service. The system confirms their right to rent and the duration. Save or print the result as your record.

Step 5: Follow-Up Checks

If the tenant provided List B documents with a time-limited right to rent, you must conduct a follow-up check before the permission expires. The follow-up check follows the same process: obtain current documents, verify them, and retain copies. If the tenant cannot demonstrate a continuing right to rent, you must report them to the Home Office.

Penalties for Non-Compliance

The penalty regime is significant:

• First breach: Civil penalty of up to £10,000 per occupier
• Repeat breach: Civil penalty of up to £20,000 per occupier
• Knowingly renting to someone without the right to rent: Criminal offence carrying up to five years' imprisonment

Conducting proper checks provides you with a statutory excuse, which means that even if a tenant turns out not to have the right to rent, you will not face a penalty provided you followed the correct process.

Practical Tips

• If you use a letting agent, agree in writing who is responsible for conducting Right to Rent checks. The legal obligation remains with you unless specifically delegated
• Build the check into your standard tenant onboarding process so it becomes routine
• Use LandlordGuru's document vault to store copies of ID documents securely, with expiry reminders for time-limited permissions
• Never discriminate when requesting documents. Ask all prospective tenants for the same evidence

For more on tenant management and legal compliance, see our guides on handling tenant deposits and the first-time landlord checklist.