Who does a right to rent check apply to?

In England you must check every adult (18 or over) who will live in the property as their only or main home, before the tenancy begins — not just the person named on the agreement.

How do I carry out a right to rent check?

You can check original documents in the person's presence, or use the Home Office online right to rent service with a share code, or an Identity Document Validation Technology (IDVT) provider for British and Irish citizens with a valid passport.

What is the penalty for not doing a right to rent check?

A landlord can face a civil penalty of up to £10,000 per occupier for a first breach, rising to up to £20,000 per occupier for a repeat breach within three years. Knowingly renting to someone without the right to rent is a criminal offence carrying an unlimited fine or up to five years' imprisonment.

When do I need to check again?

If a tenant has a time-limited right to rent, you must carry out a follow-up check before it expires. Where the right is unlimited, no repeat check is needed.

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Right to rent checks: a landlord's guide for 2026

Before anyone moves in, you must check they're legally allowed to rent in the UK. Get it wrong and the fine can be £10,000 per person. Here's how to do it properly.

Written for UK landlords (England) · Last updated August 2026 · 6 min read

The quick answer: In England you must check that every adult occupier has the right to rent before the tenancy begins. Check original documents in person, use the Home Office online service with a share code, or use a certified IDVT provider. Get it wrong and the civil penalty is up to £10,000 per occupier — up to £20,000 for a repeat breach.

What a right to rent check is

Under the Immigration Act, landlords in England must confirm that everyone living in a rented property as their main home has the legal right to be in the UK. It applies to the whole household aged 18 or over — not only the person who signs the tenancy — and it's your responsibility, even if you use an agent (in which case, agree in writing who does it).

Who and when

Who: every adult (18+) who'll live there as their only or main home.

When: before the tenancy starts — you cannot let first and check later.

Follow-up: if someone has a time-limited right, check again before it runs out. If the right is unlimited, no repeat check is needed.

The three ways to check

Manual document check — see the original documents (e.g. passport) with the person present, check they're genuine and belong to them, and keep a clear copy with the date.
Home Office online service — the person gives you a share code, and you verify their status online. This is the norm for anyone with an eVisa or digital status.
IDVT — for British and Irish citizens with a valid passport, you can use a certified Identity Document Validation Technology provider to check digitally.

Whichever route you use, keeping dated evidence is what gives you the "statutory excuse" — the defence that protects you if a tenant's status later turns out to be a problem.

🔔 How ProPixa helps

ProPixa keeps each tenancy's paperwork — including your right to rent evidence — filed against the property, with the date, so if you're ever asked to prove you checked, it's there in seconds rather than lost in an inbox. (You still carry out the check itself via the Home Office service or in person.)

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The penalties for getting it wrong

Up to £10,000 per occupier. Failing to carry out a compliant check before the tenancy can bring a civil penalty of up to £10,000 for each person — rising to up to £20,000 per occupier for a repeat breach within three years. Worse, knowingly renting to someone without the right to rent is a criminal offence carrying an unlimited fine or up to five years' imprisonment. This is one to get right every single time.

Your right to rent checklist

Identify every adult who'll live at the property.
Check each one before the tenancy begins — in person, by share code, or via IDVT.
Confirm the documents are genuine and belong to the person.
Keep a clear, dated copy of the evidence for the whole tenancy (and a year after).
Diary any follow-up check for time-limited rights before they expire.

Frequently asked questions

Does this apply if I only rent to friends or family?

If it's a private residential tenancy in England where they pay rent and live there as their main home, the checks generally apply — regardless of your relationship. There are some exemptions (for example certain student accommodation and care settings), so check if you're unsure.

What if my letting agent does the checks?

You can agree in writing that the agent takes responsibility for right to rent checks. Without that written agreement, the responsibility — and the penalty risk — stays with you.

Can I refuse someone because of where they're from?

No. You must check everyone in the same way. Singling people out by nationality or ethnicity is discrimination — the check is about legal status only, applied equally to all applicants.

Does right to rent apply in Scotland, Wales or Northern Ireland?

The right to rent scheme currently applies in England only. If your property is elsewhere in the UK, this specific scheme doesn't apply — but other letting rules do.

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