Right to Rent checks for UK landlords: a 2026 step-by-step
Updated 2026-05-22 · 7 min read
Right to Rent is one of the easier landlord obligations to skim past — the form is short, the documents are familiar, and most tenants pass without issue. Skipping it or skim-reading it is also one of the easier ways to land yourself with a five-figure fine. This guide walks through the 2026 process end-to-end, including the digital check (which became the default for many tenants in 2025) and the limited cases where the in-person check still applies.
Who needs to check whom
Every landlord in England who lets a residential property to an adult (age 18+) must verify that adult has the legal right to rent. The check applies to every adult occupant, not just the named tenant on the agreement.
**Where the obligation lies:**
- If you let directly, the obligation is on you.
- If you use a letting agent and have a written agreement that they will run Right to Rent checks, the obligation transfers to the agent.
- If the agreement is silent, the obligation stays with you regardless of who actually does the check.
The check must be done before the tenancy begins. Not after move-in. Not 'within a week'.
The 2026 process for British and Irish citizens
Since April 2022, British and Irish citizens use a separate document-based check rather than the online Home Office service. Acceptable documents include:
- UK passport (in date or recently expired up to 6 months).
- Irish passport (same).
- Birth certificate (UK or Ireland) — plus a secondary ID such as a driving licence or NI number letter.
**For each tenant, you:**
1. Ask them to provide an original (not photocopy) document.
2. Check it in their presence, or via video call where you compare the original held by the tenant against your screen.
3. Take and keep a colour copy or scan of the document.
4. Note the date you did the check and your verification of validity.
Most landlords use an Identity Service Provider (IDSP) — a certified digital tool that verifies the document and biometric match remotely. From 2025 the IDSP route is the default for landlords who don't want to do the in-person check. Typical cost: £5 to £15 per check.
The 2026 process for non-British, non-Irish tenants
All non-UK/Irish tenants now hold an eVisa, not a physical card. The check is done via the Home Office Right to Rent online service.
1. Ask the tenant for their share code (a 9-character code they generate from gov.uk/view-prove-immigration-status).
2. Go to gov.uk/landlords-right-to-rent-checks-online.
3. Enter their share code and date of birth.
4. The Home Office service shows you the tenant's rental rights — whether they have unlimited right to rent, limited right (with end date), or no right.
5. Save the PDF profile the service generates. This is your evidence of compliance.
If the tenant has a Limited right (typically a Student or Worker visa), set a calendar reminder for the expiry date. You must repeat the check shortly before expiry or face a penalty for continuing the let.
Time-limited rights and follow-up checks
A tenant with limited right to rent is fine to let to — but you must re-check before the right expires. Common scenarios:
- Worker visa with end date 2027-08-15 → re-check 28 days before that date.
- Student visa with end date 2026-09-30 → re-check 28 days before that date.
If the right has expired and the tenant cannot produce updated proof, you must report to the Home Office and serve notice to terminate the tenancy. The Home Office report releases you from continuing liability.
Discrimination and the family-with-children rule
Right to Rent has been challenged in court for encouraging discrimination against foreign-looking applicants. Courts have ruled that landlords must check every applicant, not just those they suspect might not have the right to rent. Selectively requesting documents from non-white applicants is unlawful direct discrimination.
Practical rule: run the same documentary check on every applicant, in the same way. If you use an IDSP, use it for all. If you do in-person, do in-person for all.
Penalties
**Civil penalty**: up to £20,000 per illegal occupant for a first contravention, up to £80,000 per occupant for repeat offences (revised in 2024).
**Criminal liability**: where the landlord knew or had reasonable cause to know the tenant had no right to rent, criminal sanction up to 5 years imprisonment.
The Renters' Rights Bill expands Rent Repayment Order availability such that a tenant can also recover rent paid for the duration of a non-compliant let. This is on top of any Home Office civil penalty.
Records you must keep
For every adult occupant, keep:
- Date the check was carried out.
- Method (in-person, video call, IDSP, online Home Office service).
- Copy of the document or the PDF profile.
- Date of follow-up check, if applicable.
Retain records for the duration of the tenancy and for one year after the tenancy ends.
Common questions
- Do Right to Rent rules apply in Scotland, Wales or Northern Ireland?
- No. Right to Rent is an England-only scheme under the Immigration Act 2014. The devolved nations have not implemented it. If you let across borders, you only run checks on the English portfolio.
- What if I take a deposit and run the check after?
- Don't. The check must be completed before the tenancy starts, which means before the tenant takes occupation. If the check then fails, you must refund the deposit and any rent paid.
- Do I need to check lodgers in my own home?
- Yes. Right to Rent applies to lodgers and any sublet arrangement, not just full tenancies. The same penalties apply.