If you're renting privately in England, your landlord must check that you have the right to rent before your tenancy starts. British and Irish citizens usually prove this with a passport. Everyone else proves it with an online share code or their original immigration documents. The scheme only applies in England.
Key points
✓Landlords in England must check every tenant aged 18 and over before a new tenancy starts, even if they're not named on the agreement
✓British and Irish citizens prove their right to rent with a passport or certificate of registration or naturalisation
✓Everyone else chooses between a share code, generated online, or their original immigration documents; a landlord cannot reject one in favour of the other
✓Some accommodation is exempt from checks altogether, including social housing, care homes, hostels and student accommodation
✓A landlord who lets to someone without the right to rent risks a civil penalty of up to £20,000, or prison for up to 5 years if they knew and didn't report it
✓Right to Rent checks do not apply in Wales, Scotland or Northern Ireland
What right to rent is
Right to rent is a legal duty on private landlords in England: before letting a property, you must check that every tenant or lodger aged 18 or over can legally rent it, even if they're not named on the tenancy agreement, there's no tenancy agreement, or the agreement isn't in writing.
You must check every new tenant, not just people you think might not be British. It's against the law to only check people you think are not British citizens, and you must not discriminate against anyone because of where they're from.
How to prove your right to rent
If you're a British or Irish citizen, you can usually prove your right to rent with:
✓Yes: a British passport (current or expired)
✓Yes: an Irish passport or passport card (current or expired)
✓Yes: a certificate of registration or naturalisation as a British citizen
If you're not a British or Irish citizen, you can prove your right to rent with a share code, which you get online, or your original immigration documents. You can choose which option you use, and your landlord cannot reject your application because you gave them an eligible document instead of a share code, or the other way round.
As the landlord, or an agent acting for them, you can do one of the following:
✓Yes: check your tenant's original documents yourself, with the tenant present
✓Yes: use a registered Digital Verification Service (DVS) to check your tenant's documents
✓Yes: view your tenant's right to rent online if they've given you a share code
When you check original documents, make a copy that can't be changed, such as a photocopy or a good-quality photograph, covering every page with the expiry date or the holder's details, and record the date you made the check. Keep copies of the tenant's documents for the time they're your tenants and for one year after.
When you don't need to check
You do not need to check tenants in these types of accommodation:
✓Yes: social housing
✓Yes: a care home, hospice or hospital
✓Yes: a hostel or refuge
✓Yes: a mobile home
✓Yes: student accommodation
You also don't need to check tenants if they live in accommodation that:
✓Yes: is provided by a local authority
✓Yes: is provided as part of their job (known as 'tied accommodation')
✓Yes: has a lease that's 7 years or longer
Follow-up checks
If a tenant is only allowed to stay in the UK for a limited time, do the first check in the 28 days before the tenancy starts. You then must do a follow-up check to make sure they can still rent the property, just before the later of the end of their permission to stay, or 12 months after your previous check. You don't need a follow-up check if there's no time limit on their permission to stay.
If a follow-up check shows your tenant can no longer legally rent the property, you must tell the Home Office. You could be fined or sent to prison for up to 5 years if your tenant fails a follow-up check and you don't report it.
Penalties for landlords who don't check
If you let a property to someone without the right to rent and haven't carried out the check correctly, the Home Office can issue a civil penalty:
Type of occupier
First breach (within 3 years)
Repeat breach (within 3 years)
Lodger
£5,000
£10,000
Occupier (e.g. a tenant)
£10,000
£20,000
If you qualify for the Faster Payment Option and pay within 21 calendar days of the penalty notice, the first-breach amount is reduced by 30%, to £3,500 per lodger or £7,000 per occupier.
Beyond the civil penalty, knowingly or with reasonable cause to believe you're letting to someone without the right to rent, and not reporting it, can be a criminal offence carrying up to 5 years' imprisonment.
A code of practice setting out these penalty levels came into force on 6 April 2022; an updated version of the code comes into force on 1 October 2026, keeping the same penalty amounts.
Wales, Scotland and Northern Ireland
Right to rent checks only apply to residential tenancies in England. You do not need to check a tenant's right to rent for a property in Wales, Scotland or Northern Ireland.
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Frequently asked questions
What is right to rent?
It's a legal duty on private landlords in England to check that every tenant or lodger aged 18 or over can legally rent the property, before a new tenancy starts. It doesn't apply in Wales, Scotland or Northern Ireland.
What documents prove your right to rent?
British and Irish citizens usually use a passport (current or expired) or a certificate of registration or naturalisation. Everyone else uses a share code, generated online, or their original immigration documents; you choose which.
Do I need a right to rent check in Scotland, Wales or Northern Ireland?
No. Right to rent checks only apply to residential tenancies in England.
What happens if a landlord doesn't do a right to rent check?
The Home Office can issue a civil penalty of up to £10,000 per lodger or £20,000 per occupier for a repeat breach. Knowingly letting to someone without the right to rent, and not reporting it, can also be a criminal offence carrying up to 5 years' imprisonment.
Who is exempt from a right to rent check?
Tenants in social housing, a care home, hospice or hospital, a hostel or refuge, a mobile home, student accommodation, accommodation provided by a local authority or as part of a job, or under a lease of 7 years or longer.
How often do landlords need to check?
Once, before the tenancy starts, unless the tenant's permission to stay in the UK is time-limited. Then a follow-up check is needed just before the later of the end of that permission or 12 months after the previous check.