Right to Rent Checks in 2026: The Complete Landlord Guide

# Right to Rent Checks in 2026: The Complete Landlord Guide

Quick Answer

Before letting a property in England, you must carry out a Right to Rent check on every adult occupier — whether named on the tenancy or not. Acceptable evidence is either an original document from List A or B, an online share code (eVisa), or an Identity Service Provider (IDSP) check for British and Irish passport holders. Failure to check can lead to a civil penalty of up to £20,000 per occupier for repeat offenders, or up to five years in prison for knowingly letting to someone without the right to rent.

Key Takeaways

• Right to Rent applies to all adult occupiers in England — not just the named tenant.
• Checks must be done before the tenancy starts, no more than 28 days before move-in.
• Three valid methods: manual document check, online share code (eVisa) and IDSP digital check for British/Irish passport holders.
• Follow-up checks are required for time-limited permissions, on the day the permission expires or 12 months after the initial check, whichever is later.
• Civil penalty up to £20,000 per occupier for repeat offenders.

What Has Changed?

The end of physical BRPs

From 2025, Biometric Residence Permits (BRPs) have been replaced by eVisas. Landlords can no longer rely on a plastic card to prove status — they must use the share code generated by the tenant via the Home Office's online service.

Identity Service Providers (IDSPs)

For British and Irish citizens with a valid in-date passport, you can now use an IDSP to carry out a digital identity check. The cost is typically £8–£15 per check and produces a fully-coded audit trail. This is faster than meeting in person.

Renters' Rights Act knock-on

The Renters' Rights Act has not changed Right to Rent law itself, but the new Landlord Ombudsman and PRS Database mean every check must be evidenced. A missing Right to Rent record is now a common reason councils refuse to register a tenancy on the database.

What Right to Rent Means

The legal basis

Right to Rent was introduced by the Immigration Act 2014 and extended by the Immigration Act 2016. It applies to all residential lettings in England (not Scotland, Wales or Northern Ireland). The landlord must check that every adult who will occupy the property has the right to be in the UK.

Acceptable evidence

• List A — documents proving an unlimited right (e.g. British passport, EU Settled Status share code).
• List B — documents proving a time-limited right (e.g. eVisa share code valid for 24 months).
• IDSP — for British and Irish passport holders only.

Who must be checked

• All adult occupiers, not just the named tenant.
• Including lodgers, family members and partners moving in later.

When to check

• No more than 28 days before the tenancy starts.
• Before the keys are handed over.
• A follow-up check at the end of any time-limited permission.

What Landlords Need To Do Now

Step 1: Choose a check method per tenant

For a British or Irish citizen with a passport, use an IDSP. For everyone else, ask for a share code via [gov.uk/prove-right-to-rent](https://www.gov.uk/prove-right-to-rent).

Step 2: Record the check

For each occupier you should record:

• Full name and date of birth
• Document type and reference number
• Share code (if applicable) and the date you verified it
• Date of check and date of follow-up (if time-limited)
• A clear, dated copy of the document or share code receipt

Step 3: Diary the follow-up check

If the permission is time-limited, set a calendar reminder for either the expiry date or 12 months after the initial check, whichever is later.

Step 4: Report negative results

If a check fails and the occupier cannot prove their right to rent, you must not let to them. If they are already in the property and lose their right, you must report it to the Home Office via the online portal to maintain your statutory excuse.

Step 5: Train your agents

If a letting agent carries out checks on your behalf, you must have a written agreement stating they take legal responsibility. Keep a copy of the agent's compliance procedures on file.

Common Mistakes To Avoid

1. Checking only the named tenant

The law applies to every adult occupant, including spouses, lodgers and adult children.

2. Using expired or old document formats

BRPs expired at the end of 2024. If a tenant presents a physical card, ask for the share code instead.

3. Forgetting follow-up checks

A missed follow-up check breaks your statutory excuse. Diary every expiry date.

4. Failing to store copies securely

You must keep records for one year after the tenancy ends, with GDPR-compliant secure storage.

5. Discriminating against non-UK applicants

You must apply the same process to every applicant. Refusing to consider non-British applicants because Right to Rent is "too complex" is unlawful discrimination under the Equality Act 2010.

6. Assuming an EU passport is enough post-Brexit

EU citizens now need EU Settled Status or a visa share code — a passport alone is no longer sufficient.

7. Skipping the in-person video for share codes

When using a share code, you must verify the person matches the image returned by the Home Office. A video call is the legal minimum if you cannot meet in person.

Frequently Asked Questions

1. Does Right to Rent apply in Scotland and Wales?

No — only in England.

2. Who has to be checked?

Every adult (18+) who will occupy the property as their main home, whether named on the tenancy or not.

3. How much can I be fined for getting it wrong?

Up to £5,000 for a first breach per occupier and up to £20,000 per occupier for repeat breaches. Criminal penalties up to five years in prison for knowingly letting to someone without permission.

4. Can I use a copy of a passport sent by email?

Not on its own. You must either see the original, use a share code, or use an IDSP.

5. What is an IDSP?

An Identity Service Provider — a Home Office certified digital ID service. You upload the passport and a selfie via the provider, who returns a verified result.

6. How long do I keep records?

Throughout the tenancy plus one year afterwards.

7. What happens if a tenant loses their right to rent mid-tenancy?

You must report it to the Home Office. Provided you report within the required window, you keep your statutory excuse.

8. Can I refuse to let to someone whose status I can't verify?

You must not let to anyone without the right to rent — but you must not discriminate against people based on nationality or accent. Apply the same process to everyone.

9. Does Right to Rent apply to lodgers in my own home?

Yes — if you are renting out a room in your home, you are still a landlord for Right to Rent purposes.

10. What about students renting from a university hall?

Universities and similar institutions check separately. Where students rent from a private landlord, normal Right to Rent rules apply.

11. Can a letting agent take responsibility for the check?

Yes — but only with a written agreement stating they are the responsible party.

12. Do I need to re-check at renewal?

If you signed a new tenancy agreement, yes. If the tenancy has rolled to a statutory periodic (post Renters' Rights Act), you do not need to re-check unless a follow-up check is due.

References

• Immigration Act 2014 (Part 3) — [legislation.gov.uk](https://www.legislation.gov.uk/ukpga/2014/22)
• Immigration Act 2016 — [legislation.gov.uk](https://www.legislation.gov.uk/ukpga/2016/19)
• Home Office: Right to Rent Code of Practice (2025 update)
• Home Office: Identity Service Providers list
• Equality Act 2010 (anti-discrimination duty)

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*Written by the Smart Sleep Property Editorial Team. This article is for general information only and is not a substitute for legal advice.*