Right to Rent Checks for Landlords: 2026 Guide
Every UK landlord must carry out Right to Rent checks before a tenancy begins. Here's exactly how to do it correctly in 2026, including digital ID checks and avoiding the £20,000 civil penalty.
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Introduction
Right to Rent is one of the most overlooked landlord duties in England — and one of the most expensive to get wrong. Civil penalties were raised in 2024 to £10,000 for a first breach per lodger and £20,000 per occupier, and rogue landlords face up to five years in prison. This guide explains exactly what you must do before handing over keys in 2026.
What is a Right to Rent check?
Right to Rent was introduced by the Immigration Act 2014 and applies to all private tenancies in England (not Scotland, Wales or Northern Ireland). Landlords must verify that every adult occupier — whether named on the tenancy or not — has the legal right to rent residential property in the UK. The check must happen before the tenancy starts and cannot be delegated without contract.
Who needs to be checked?
Every person aged 18 or over who will use the property as their main home, including unnamed partners, adult children and lodgers. You do not check under-18s but you should keep a note of why someone is exempt. If a new adult moves in mid-tenancy, you have a duty to check them too.
How to do a digital Right to Rent check
For British and Irish citizens you can use a certified Identity Service Provider (IDSP) such as Yoti, TrustID or Credas to verify a passport remotely. For anyone with an eVisa, BRP, BRC or settled status you must use the Home Office online service at gov.uk/view-right-to-rent. The tenant gives you a share code beginning with 'R'; you enter it with their date of birth and download the PDF result.
Manual checks for non-digital documents
If a tenant has an Irish passport card or other accepted physical document, you must see the original in person (or over live video while holding the original) and keep a clear copy. The full List A and List B documents are published on gov.uk and updated regularly.
Follow-up checks
If someone has time-limited leave to remain you must repeat the check before their permission expires, or at least every 12 months — whichever is sooner. Diarise the date. If they no longer have the right to rent you must report this to the Home Office using the online form to keep your statutory excuse.
Penalties for getting it wrong
Since February 2024 civil penalties are £5,000 first breach per lodger / £10,000 per occupier, rising to £10,000 / £20,000 for repeat breaches. Knowingly renting to a disqualified person is a criminal offence carrying up to five years in prison and an unlimited fine.
Record keeping
Keep PDF share-code results, scans of any manual documents, and a dated checklist for the duration of the tenancy plus 12 months after it ends. Store securely under UK GDPR — these contain immigration data and should not be shared with contractors or guarantors.
Final word
If you'd like Smart Sleep Property to handle this — or any other landlord compliance work — for you, our concierge service covers everything from referencing and right-to-rent to full tenancy management across Norwich and Norfolk.
Frequently asked questions
What is the key rule for right to rent checks?+
Right to Rent checks are a legal requirement before any tenancy. Use Home Office digital checks for valid biometric residence permits and share codes for everyone else. Keep dated copies for the tenancy plus 12 months. Failure can mean fines up to £20,000 per occupant or criminal prosecution for rep
Does this apply across England?+
Yes — the rules in this guide apply to England. Scotland, Wales and Northern Ireland have separate but broadly similar regimes.
Where can I get help?+
Smart Sleep Property offers compliance support, document templates and full management for Norwich and Norfolk landlords.
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