Right to Rent Checks: Landlord Guide 2026
Right to Rent applies to every adult occupant in England. Fines start at £5,000 per tenant and rise to £20,000 for repeat breaches. Here's the 2026 process.
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Introduction
Right to Rent has been with us since 2016 and is now firmly embedded in tenant onboarding. The 2024 fine increases — up to £20,000 per occupant — make it one of the most expensive compliance failures a landlord can make. Here's the current process.
Where it applies
England only. Not Scotland, Wales or Northern Ireland — but most letting agents apply it nationally anyway as a matter of policy. All adults aged 18+ occupying the property as a main home need a check, even if not named on the tenancy.
Three valid check routes
(1) Manual in-person check of original documents from List A or List B (passport, BRP, etc.). (2) Online share code check via gov.uk/view-right-to-rent — covers visa holders, EU settled status, BRP holders. (3) IDVT (Identity Document Validation Technology) for British and Irish citizens — used by services like Yoti, OneID.
Share code process
Tenant gets a share code at gov.uk/prove-right-to-rent and gives it to you with their date of birth. You enter both at gov.uk/view-right-to-rent and download/print the result. Confirms identity, immigration status, and any expiry date. Free and instant.
Time-limited status
If a tenant has limited leave to remain (e.g. visa expires in 18 months), you must re-check before the expiry date or 12 months after the previous check — whichever is later. Set calendar reminders. Failing to re-check loses your statutory excuse.
Reporting changes
If you find a tenant has lost their right to rent (e.g. asylum claim refused), report via the Home Office Landlord Notification form within a reasonable period. Doing so maintains your statutory excuse. Eviction follows separately via Section 8 Ground 7B (mandatory).
Civil penalties
From 13 February 2024: £5,000 first occupant / £10,000 each additional for first breach. £10,000 / £20,000 for repeat breaches. Criminal offence (5 years prison) for knowingly renting to someone without right to rent. Statutory excuse only protects you if checks were done correctly and on time.
Record keeping
Keep copies of all checks for the duration of the tenancy plus 12 months after it ends. Date the copy 'date check made'. Digital storage is fine if access and integrity are reliable. Most management software (Arthur, PayProp, Hammock) stores them automatically.
Final word
Smart Sleep Property handles the heavy lifting — referencing, compliance, deposits, repairs, and full tenancy management across Norwich and Norfolk. Get in touch if you'd like us to handle this for you.
Frequently asked questions
What is the key rule for right to rent check?+
Right to Rent applies to every adult resident in England (not Scotland, Wales or NI). Check original documents in person, via the online share code service for digital status holders, or use Identity Document Validation Technology (IDVT) for British and Irish citizens. Re-check time-limited status b
Does this apply across England?+
Yes — this guide covers 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.
Get the tools to handle this confidently
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