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Right to Rent Checks

Landlord A to Z ยท Tenancies

โœ“ Written for landlords in Englandโœ“ Checked October 2026โœ“ Official sources namedโœ“ Not tax, legal or financial advice

What are Right to Rent checks?

Landlords in England must check that every adult who will live in a rented home has the right to rent in the UK before the tenancy starts, and keep copies of the documents. Follow-up checks are needed for people with time-limited permission. Penalties are up to ยฃ20,000 per occupier for repeat breaches.

Read more in our guide: Selling a portfolio with tenants

Key facts at a glance

ItemDetail
LawImmigration Act 2014
Applies inEngland only
Who must be checkedEvery adult aged 18 or over who will live in the property, named on the tenancy or not
WhenWithin 28 days before the tenancy starts
HowOriginal documents, a Home Office online share code, or certified digital ID checks for British and Irish passports
Follow-up checksBefore time-limited permission expires
Civil penalty (since February 2024)Up to ยฃ10,000 per occupier for a first breach, ยฃ20,000 for repeat breaches

How to Carry Out a Check

  1. Find out who will live in the property as their main home.
  2. Check original documents in the presence of the occupier, in person or by live video, or use the Home Office online service with a share code.
  3. Make sure the documents are genuine and belong to the person.
  4. Keep a dated copy for the length of the tenancy and one year after.
  5. Diary any follow-up check dates.

Checks must be applied to everyone in the same way, so landlords should not only check people they think may not be British, which could be discrimination.

Right to Rent When You Sell

In a tenanted sale, the buyer takes over existing tenancies and is generally not required to repeat initial checks, but they inherit responsibility for follow-up checks. Buyers will ask for copies of the original checks and a list of follow-up dates. Missing records do not end a tenancy, but they suggest wider compliance gaps. The Renters' Rights Act did not change the Right to Rent rules.

Official Sources and Further Reading

General information for landlords in England, checked against official sources in October 2026. It is not tax, legal or financial advice: speak to a qualified accountant or solicitor about your own circumstances.

Frequently Asked Questions

Landlords in England must check that every adult who will live in a rented home has the right to rent in the UK before the tenancy starts, and keep copies of the documents. Follow-up checks are needed for people with time-limited permission. Penalties are up to ยฃ20,000 per occupier for repeat breaches.

In England, yes. Landlords must check that all adult occupiers have the right to rent before the tenancy starts.

Since February 2024, up to ยฃ10,000 per occupier for a first breach and up to ยฃ20,000 per occupier for repeat breaches.

Generally not for existing tenants, but they should obtain the seller's records and carry out any follow-up checks that fall due.

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