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 £20,000 per occupier for repeat breaches.
Read more in our guide: Selling a portfolio with tenants
Key facts at a glance
| Item | Detail |
|---|---|
| Law | Immigration Act 2014 |
| Applies in | England only |
| Who must be checked | Every adult aged 18 or over who will live in the property, named on the tenancy or not |
| When | Within 28 days before the tenancy starts |
| How | Original documents, a Home Office online share code, or certified digital ID checks for British and Irish passports |
| Follow-up checks | Before time-limited permission expires |
| Civil penalty (since February 2024) | Up to £10,000 per occupier for a first breach, £20,000 for repeat breaches |
How to Carry Out a Check
- Find out who will live in the property as their main home.
- 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.
- Make sure the documents are genuine and belong to the person.
- Keep a dated copy for the length of the tenancy and one year after.
- 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 £20,000 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 £10,000 per occupier for a first breach and up to £20,000 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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