landlord
Right to rent check: who must be checked, which documents count and how long to keep records
Right to rent check rules for landlords in England: who must be checked, the four ways to check, share codes, follow-up checks and record keeping.
- 4 min read
- Last reviewed 4 November 2026
- By Your Property Check team
Key answer
Part 1 of 9
Who needs a right to rent check
General information, not advice. GOV.UK says you must check that a tenant or lodger can legally rent your residential property in England. Scotland, Wales and Northern Ireland are not covered by this page. The check applies to tenants and lodgers aged 18 and over before a new tenancy starts, even if they are not named on the agreement, there is no agreement, or the agreement is not in writing.
You must check all new tenants. GOV.UK says it is against the law to check only people you think are not British citizens, and you must not discriminate based on where someone is from. We read the GOV.UK pages named below on 4 November 2026.
Part 2 of 9
When to check
Check before the tenancy starts. If the person is allowed to stay in the UK only for a limited time, GOV.UK says the check must be made in the 28 days before the tenancy starts.
GOV.UK lists cases where no check is needed, including social housing, a care home, hospice or hospital, a hostel or refuge, a mobile home, student accommodation, accommodation provided by a local authority, tied accommodation provided as part of a job, and a lease of 7 years or longer.
Part 3 of 9
The four ways to check
| Check type | What you use | Follow-up | Penalty if wrong |
|---|---|---|---|
| Original documents | The tenant's original documents, checked yourself with the tenant present | A repeat check before the statutory excuse ends, where the documents are time-limited | Civil penalty scheme: amounts not quoted here |
| Digital Verification Service | A registered Digital Verification Service checks the documents | Same rule on time-limited permission | Same scheme |
| Online share code | You view the tenant's right to rent online with their share code | Same rule on time-limited permission | Same scheme |
| Home Office checking service | You request a Home Office check if the tenant has no valid documents or share code | GOV.UK says you get an answer within 2 working days | Same scheme |
GOV.UK says the Home Office checking service needs the tenant's Home Office reference number.
Part 4 of 9
Which documents count
GOV.UK says British or Irish citizens can show a British passport (current or expired), an Irish passport or passport card (current or expired), or a certificate of registration or naturalisation as a British citizen. Other combinations may also work. Non-citizens show their original immigration documents, and GOV.UK links to a full list.
GOV.UK also says biometric residence cards or permits are not accepted as a document check, and the tenant should give a share code instead.
Part 6 of 9
Follow-up checks and the statutory excuse
For time-limited documents, the Home Office guide says the statutory excuse lasts 12 months, or until the permission or document expires, whichever is later, and you must repeat the check before it ends. A certificate of naturalisation as a British citizen gives a continuous statutory excuse against a civil penalty, provided the tenancy agreement does not change, and needs no follow-up. The excuse is the protection against a civil penalty if a tenant turns out not to have the right to rent.
Part 7 of 9
Keep records
GOV.UK says to make and keep copies of original documents and record the date of the check. For a share code check, save the profile page by printing it or saving it as a file, and record the date. Keep the information for the time the tenants rent from you and for one year after, and follow data protection law. If you let property, our Landlord CertCheck tracks the expiry dates of your gas, electrical, EPC, PAT and fire certificates.
Part 8 of 9
Penalties
The pages we fetched do not give the civil penalty amounts or the criminal offence wording, so we do not quote any. The Home Office publishes a landlord guide, dated 1 October 2026 at the time of checking, and a code of practice that set them out. GOV.UK also notes that the rules change on 1 May 2026, so read the current guide before acting.
Part 9 of 9
If you are selling a let home
A sitting tenant already has a tenancy, so the check relates to new lettings. Our guide to selling a tenanted property and the article on selling a house with tenants cover the sale side. For energy certificate duties on lettings, see the EPC rules for landlords.
Our take
Make the check before the tenancy and keep the record
GOV.UK says to check every new adult occupier before the tenancy starts and to keep your records for the tenancy and one year after. We think the check is simplest when it is a fixed step in your lettings routine, not something you reconstruct later.
Your Property Check covers the certificate side of the same routine. Landlord CertCheck tracks expiry dates for Gas, EICR, EPC, PAT and fire certificates. Your first property is free, then it is £49.99 a year.
Our opinion, drawn from the facts on this page: not advice and not a forecast. We earn from OfferCheck reports and from introducing sellers to cash buyers, so weigh it with that in mind (see our disclosure). We are not authorised or regulated by the FCA.
Questions, answered
Frequently asked questions
Who needs a right to rent check?
Which documents count for a right to rent check?
What is a right to rent share code?
How long must I keep right to rent records?
What is the penalty for getting a right to rent check wrong?
Where this comes from
Sources
- GOV.UK: Check a job applicant's or tenant's right to rent
- GOV.UK: Right to rent checks, how to check
- GOV.UK: Right to rent checks, a guide to immigration documents for tenants and landlords
Last reviewed 4 November 2026 by the Your Property Check team. This page is general information, not legal, tax or financial advice. For your own situation, speak to a conveyancing solicitor or another qualified professional.