What the law says
The Immigration Act 2014 requires landlords and letting agents in England to check that every adult aged 18 or over who will live in the property as their main home has the right to rent, before the tenancy starts.
How to check
- A manual check of original documents, with the person present in person or by video call.
- An online check using a share code from the Home Office's Prove your right to rent service.
- For British and Irish passports, a check through a certified identity service provider.
Keep a record of the check for the length of the tenancy and for one year after it ends.
Follow-up checks
If someone has time-limited permission to be in the UK, you must do a follow-up check, normally just before their permission ends or 12 months after your first check, whichever is later.
If a follow-up check shows they no longer have the right to rent, you must report it to the Home Office.
Penalties
| Breach | Each lodger | Each other occupier |
|---|---|---|
| First breach | Up to £5,000 | Up to £10,000 |
| Repeat breach within 3 years | Up to £10,000 | Up to £20,000 |
Knowingly letting to someone without the right to rent is a criminal offence with a prison sentence of up to five years. A record of a correct check is your defence against a civil penalty.
What changed in 2026
The Renters' Rights Act didn't change Right to Rent. Most people now prove their status with an eVisa and a share code rather than a biometric residence permit, so expect more online checks.
How LetRecord helps
LetRecord records the date of each check and any follow-up date, and reminds you before a follow-up is due. Do not upload passports or share codes to LetRecord; keep those records as the Home Office guidance describes.
Common questions
Do I need to check British tenants?
Yes. Check every adult the same way, whatever their nationality, so you don't discriminate. A British or Irish passport, current or expired, is enough.
Can my letting agent do the checks?
Yes. If you agree in writing that the agent will do them, the agent is liable for any penalty instead of you.
What if the tenant has an application with the Home Office?
Use the Home Office's Landlord Checking Service. If it gives a positive answer you can let to them, and you must check again in 12 months.
Does it apply to lodgers?
Yes. Lodgers in your home must be checked too.
Official sources
This guide explains the rules in general terms and is not legal advice.
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