In short
In England, a landlord or letting agent who does not check that every adult who will live in a rented home has the right to rent before the tenancy starts risks a civil penalty of £5,000 to £20,000 per person. This is an English scheme: GOV.UK’s page states landlords must check that a tenant or lodger can legally rent “your residential property in England”. The check applies to all new adult tenants, not just those who seem not to be British. A landlord who skips it risks a civil penalty of £5,000 to £20,000 per person, depending on the case, under the current code of practice.
Who is covered
GOV.UK says you must check all tenants aged 18 and over before a new tenancy starts, even if they are not named on the agreement, there is no agreement or it is not in writing. The code of practice defines an occupier as someone who is, or will be, authorised to occupy the property, and a lodger as someone who takes a room in accommodation shared with the landlord.
You must not discriminate: check all new tenants, not only those you think are not British citizens.
GOV.UK lists exemptions including social housing, care homes, hospices, hospitals, hostels, refuges, mobile homes, student accommodation, local authority accommodation, tied accommodation provided with a job, and leases of 7 years or longer. The code of practice explains other cases.
How a check works
There are two main routes:
- Online check with a share code. The tenant gives a share code and the landlord uses the GOV.UK “Check a tenant’s right to rent” service. The code of practice says the migrant “Prove your right to rent” page does not count as a check, and that eVisa holders can only prove their right this way. The landlord confirms the photo matches the person, in person, by video call, or through a registered digital identity provider.
- Manual document check. A British passport (current or expired) showing British citizenship, or an Irish passport or passport card, is a List A Group 1 document and gives a continuous statutory excuse. Clipped passports are not acceptable. Check the document in the presence of the holder and confirm the photo and dates of birth are consistent.
Keep copies in a form that cannot be altered and record the date of the check. For online checks, the code says to keep the response for the tenancy plus one year after it ends, then destroy it securely.
When to check, and follow-up checks
- Before the tenancy is entered into, for every adult occupier.
- For someone with only limited permission to stay, the check must be done within the 28 days before the tenancy starts.
- A time-limited excuse lasts until the latest of 12 months from the check, the end of the person’s permission to stay, or the document’s expiry. Do a follow-up check before it expires. If the person cannot prove continued right to rent, report to the Home Office to keep your excuse.
- A statutory excuse exists only if you complete the prescribed checks before the tenancy starts; a later report cannot create one.
GOV.UK’s page notes that the rules changed on 1 May 2026 and links to how this affects new and existing tenancies, and the code in force is the one dated 1 October 2026. Read the code’s summary of changes before relying on an older guide: this version clarifies when checks must happen and makes registered digital identity providers mandatory where one is used.
Penalties
| Occupier type | First breach (within 3 years) | Repeat breach |
|---|---|---|
| Lodger | £5,000 | £10,000 |
| Occupier | £10,000 | £20,000 |
The Fast Payment Option cuts a first-breach penalty by 30% if paid within 21 days (£5,000 becomes £3,500; £10,000 becomes £7,000). A landlord who knows, or has reasonable cause to believe, that someone has no right to rent, and goes ahead with the tenancy, risks committing a criminal offence.
What it costs
The GOV.UK share code service is how the check is run online. The Tenant Fees Act guidance lists the payments a landlord may ask for, and a right to rent check is not among them; the only mention is that a holding deposit may be kept if the tenant fails one. See renting in England for the permitted payments and the deposit cap.
Which professional to consult
A letting agent usually runs the checks; ask who is responsible in writing. For a case with an unusual document, a solicitor specialising in immigration or housing law can advise. Check yourself that any adviser is regulated.
Frequently asked questions
Do the same checks apply in Scotland, Wales or Northern Ireland?
GOV.UK’s page and the code of practice refer to property in England. I did not find a Scottish, Welsh or Northern Irish equivalent in these sources, so do not assume the English scheme applies there.
Must I check someone who is clearly British?
Yes. You must check all new adult tenants and not discriminate.
Does a British passport that has expired still work?
For a manual check, the code of practice accepts a British passport that is current or expired, showing British citizenship.
Can a landlord keep my holding deposit if I fail the check?
Yes, according to the Tenant Fees Act guidance for tenants, which lists failing a right to rent check among the cases where a holding deposit may be kept.
What if my permission to stay ends during the tenancy?
The landlord must do a follow-up check before the excuse expires.
More guides on renting
Sources
- Check a tenant's right to rent documents (GOV.UK) (consulted 14 October 2026)
- Code of practice for landlords and their agents: the right to rent scheme, 1 October 2026 (GOV.UK) (consulted 14 October 2026)
- Landlord's guide to right to rent checks (GOV.UK) (consulted 14 October 2026)
- Right to rent document checks: a user guide (GOV.UK) (consulted 14 October 2026)
- Tenant Fees Act 2019: guidance for tenants (GOV.UK) (consulted 14 October 2026)