- Landlords in England must check that all adult tenants have the legal right to rent before a tenancy begins.
- British and Irish citizens can prove right to rent with a passport, birth certificate or other List A documents.
- Non-British tenants with a time-limited visa use the Home Office online share code; no physical BRP is required.
- Civil penalties for non-compliance reach up to 20,000 pounds per illegal occupant for repeat breaches.
- The right to rent scheme applies in England only, not Scotland, Wales or Northern Ireland.
Last reviewed: 13 May 2026
The right to rent scheme was introduced under the Immigration Act 2014 and requires private landlords in England to verify that every adult occupant of a residential tenancy has the legal right to be in the UK. The check must be carried out before the tenancy agreement begins.
What Is Right to Rent
The scheme does not apply in Scotland, Wales or Northern Ireland, where separate guidance and provisions apply. Landlords operating across multiple UK nations should apply the right to rent checks only to English tenancies. The legal obligation falls on the landlord of a private residential tenancy. If a letting agent has been engaged, contractual responsibility can be assigned to the agent in writing, but the landlord retains liability if no written assignment exists.
Accommodation exempt from the scheme: social housing (local authority and registered social landlord tenancies); student halls of residence managed by the education provider; care homes, hospices, and hospitals; hostels and refuges; mobile homes and houseboats (certain conditions apply); holiday accommodation (where the tenancy is genuinely for holiday purposes). Private landlords who let to students in standard AST (Assured Shorthold Tenancy) arrangements are not exempt; only university-managed accommodation is.
List A Documents (Unlimited Right to Rent)
List A documents prove an unlimited right to rent. No repeat check is needed: UK or Irish passport (current or expired); UK birth or adoption certificate plus evidence of UK National Insurance number; certificate of registration or naturalisation as a British citizen; BRP or eVisa showing Indefinite Leave to Remain or Settled Status (EUSS); passport or travel document showing indefinite leave to enter or remain endorsed in the document.
List B Documents (Time-Limited Right to Rent)
List B documents prove a time-limited right to rent. A repeat check is required before the expiry of the leave shown (or 12 months from the initial check, whichever is later): a passport with a current UK visa vignette; a current BRP showing time-limited leave; Home Office online share code confirming time-limited leave; a letter from UKVI confirming the holder has a pending in-time application or appeal (with specific conditions).
The Online Share Code Check
For most non-British and non-Irish tenants who hold a BRP or eVisa, the online share code is now the primary right to rent verification method. The tenant logs into their UKVI online account at gov.uk/view-prove-immigration-status. They generate a share code (a 9-character alphanumeric code valid for 90 days). They provide the share code and their date of birth to the landlord. The landlord enters the code and date of birth at gov.uk/landlords-immigration-check. The service returns a result confirming right to rent status and any expiry date. The landlord downloads and retains the result as their compliance record.
No physical document needs to be inspected when the online check is used. Landlords who insist on seeing physical BRPs in addition to a valid online check result may be acting discriminatorily; the online check alone provides the statutory excuse.
Edge Cases in the Online Check Process
Tenant cannot generate a share code: this typically means the tenant's leave is not currently recorded in the UKVI system (for example, their BRP has not yet been collected, or they are in a gap period between applications). Ask the tenant to contact the UKVI contact centre to resolve the account issue. If the tenant has evidence of a pending in-time application, the landlord may use the Landlord Checking Service to obtain a Positive Verification Notice (PVN). A PVN provides a 12-month statutory excuse. Do not allow the tenancy to begin without a valid check result or PVN.
Share code shows "no current leave": if the online check returns a result showing the tenant has no current right to rent, the landlord must not proceed with the tenancy. Tenant is an asylum seeker: asylum seekers are subject to a separate right to rent process. The landlord must contact the Landlord Checking Service directly and obtain a PVN before renting to an asylum seeker.
Record-Keeping for Manual Document Checks
When a physical document is presented (List A or List B), the landlord must check the document appears genuine and belongs to the tenant (compare photo, check dates), make a clear copy (a scan or high-resolution photograph), record the date the check was carried out in writing, and retain the copy for the duration of the tenancy plus one year after it ends. Remote manual checks (via video call) are permitted under specific conditions published in Home Office guidance; the original document must be held up to the camera clearly enough to verify the security features.
Follow-Up Checks
When a tenant's right to rent is time-limited (List B), the landlord must carry out a follow-up check at the expiry date of the tenant's leave, or 12 months after the initial check (if the leave expiry is more than 12 months away). If the follow-up check shows the tenant no longer has the right to rent, the landlord must notify the Home Office via the online reporting tool and becomes entitled to use the accelerated possession procedure to end the tenancy. Continuing to rent after the reporting duty arises, without notifying the Home Office, is a criminal offence.
Penalties for Non-Compliance
Renting to someone with no right to rent (first offence): up to 10,000 pounds per occupant. Renting to someone with no right to rent (repeat offence): up to 20,000 pounds per occupant. Renting to a lodger with no right to rent (first): up to 5,000 pounds. Criminal offence (knowingly or with reasonable cause to believe): unlimited fine and/or up to 5 years imprisonment. Landlords with a statutory excuse (meaning they carried out the correct check, kept records, and a falsified document was presented) are protected from civil penalties even if the tenant was subsequently found to have no right to rent.
Frequently Asked Questions
Do I need to check British tenants as well?
Yes. The check applies to all adult occupants regardless of nationality. For British and Irish citizens, a passport or birth certificate plus National Insurance evidence is typically sufficient.
Can I refuse to rent to someone without a British passport?
No. Refusing solely because a tenant does not hold a British passport, while accepting others with equivalent documents, may constitute Equality Act discrimination. Apply checks consistently to all tenants.
Does the right to rent scheme apply to lodgers in my own home?
Yes, but with lower penalty levels. If you rent a room to a lodger in your home, you are subject to the scheme.
Can I carry out the check remotely?
For most non-British and non-Irish tenants, yes, via the online share code service. For British and Irish passport holders, remote checks via IDVT providers are permitted. Manual video call checks are also accepted under conditions set out in Home Office guidance.
If I use a letting agent, am I still liable?
Only if the letting agent's responsibility has been assigned in writing. Without a written contract clause transferring responsibility, the landlord remains legally liable for right to rent compliance.
How We Verified This Article
This article draws on the Immigration Act 2014, Home Office right to rent guidance documents, and Home Office civil penalties documentation current as of May 2026.
