Right to rent check for landlords: how to do it properly
Published · Updated
A right to rent check for landlords is a legal check, before a new tenancy starts in England, that every tenant aged 18 or over can legally rent your property [1]. You can check their original documents yourself, use a registered Digital Verification Service, or view their right to rent online with a share code [2]. You must check all new tenants, not just people you think aren't British, keep a dated record, and hold it for the tenancy plus one year [1][2]. Renting to someone without the right to rent can mean a fine of up to £20,000 per tenant, or prison [2].
Who you have to check
GOV.UK says you must check that a tenant or lodger can legally rent your residential property in England [1]. Before a new tenancy starts, you must check all tenants aged 18 and over, even if [1]:
- they're not named on the tenancy agreement
- there's no tenancy agreement
- the agreement isn't in writing
And critically: "Check all new tenants. It's against the law to only check people you think are not British citizens." [1]
If the tenant only has time-limited permission to be in the UK, you must do the check within the 28 days before the tenancy starts [1].
Who you don't need to check
GOV.UK lists exceptions, including social housing, care homes, hostels and refuges, mobile homes, student accommodation, accommodation provided by a local authority, tied accommodation provided with a job, and leases of 7 years or more [1]. The landlords' code of practice covers the detail [1].
Right to rent check for landlords: the three ways
GOV.UK gives three options [2]:
| Method | Who it suits |
|---|---|
| Check original documents yourself | British and Irish citizens, and others with acceptable original documents |
| Use a registered Digital Verification Service (DVS) | British and Irish citizens with valid passports, as an alternative to manual checks |
| View right to rent online with a share code | People with eVisas, settled or pre-settled status, biometric cards or permits, or who used the ID Check app |
Checking original documents
GOV.UK's steps [2]:
- Work out which adults will live in the property as their main home.
- Ask them for original documents that prove they can live in the UK.
- Check the documents show they have the right to rent.
- Check the documents are genuine and belong to them, with the tenant present.
- Make and keep copies, and record the date you made the check.
For British or Irish citizens, acceptable documents usually include a British passport (current or expired), an Irish passport or passport card (current or expired), or a certificate of registration or naturalisation as a British citizen [2].
What to look for, according to GOV.UK [2]:
- the documents are originals and belong to the tenant
- the photos are of the tenant
- dates of birth match and are believable
- documents aren't too damaged or altered
- different names are explained by supporting documents, like a marriage certificate
- for non-British or Irish citizens, their permission to stay hasn't ended
GOV.UK says you cannot accept biometric residence cards or permits; ask for a share code instead [2].
Right to rent check share code
You can view a tenant's right to rent online with a share code if they have a biometric residence card or permit, settled or pre-settled status, an eVisa, or used the "UK Immigration: ID Check" app when applying for a visa [2].
- Ask the tenant for their share code.
- Use GOV.UK's "view a tenant's right to rent" service.
- If it's valid, you'll see their profile page.
- Save a record: print it or save it digitally.
- Record the date of the check [2].
Two rules worth knowing [2]:
- British and Irish citizens can't get a share code. Check their documents instead.
- If a tenant can prove their right to rent with an accepted original document, you can't insist they use the online service.
Right to rent check without a share code or documents
If the tenant has neither the right documents nor a valid share code, GOV.UK says you must use the Landlord's Checking Service to request a Home Office check [2]. It can confirm whether they still have the right to rent, for example if the Home Office holds their documents or they have an outstanding application or appeal. You'll get an answer within 2 working days, and you'll need their Home Office reference number [2].
Don't rent to someone if they have no right documents, no valid share code, and the Home Office check says they're not allowed to rent [2].
The landlord's helpline is 0300 790 6268 [2].
Keeping records
For online checks, GOV.UK says keep the record for the time your tenants rent from you and for one year after, and follow data protection law [2]. Treat document copies the same way: store them securely and only for as long as you need them.
Right to rent fines
If you rent to someone without the right to rent in England, you can get a fine of up to £20,000 for each tenant, or be sent to prison [2]. Doing the check correctly, and being able to prove it, is what protects you.
Right to rent and the Renters' Rights Act
The rules on private renting changed on 1 May 2026, and GOV.UK's right to rent pages link to guidance on how that affects tenancies [1]. Under the new possession rules, ground 7B lets a landlord seek possession, with 2 weeks' notice, where the Home Office has notified them that a tenant has no right to rent [3]. See our Renters' Rights Act notice period guide.
Store your checks with the tenancy
A right to rent check you can't find is nearly as bad as one you didn't do. In Gaffy, each property has a document vault where the check record can sit with the tenancy agreement, deposit paperwork and certificates. The lease, gas safety record, EPC and EICR are shared with the tenant by default. The right to rent record and other documents stay private. See the document vault.
FAQs
Do landlords have to do right to rent checks?
Yes, in England, for every tenant aged 18 or over before a new tenancy starts [1].
Can I do a right to rent check online?
Yes, with a share code, or through a registered Digital Verification Service [2].
Can British citizens get a share code?
No. Check their original documents or use a DVS [2].
What if the tenant has no share code or documents?
Use the Landlord's Checking Service; you'll get an answer within 2 working days [2].
How long do I keep right to rent records?
For the tenancy and one year after [2].
What's the fine for not doing a right to rent check?
Up to £20,000 per tenant, or prison [2].
Do right to rent checks apply in Wales or Scotland?
GOV.UK's guidance covers renting in England [1].
How does Gaffy help?
Gaffy keeps each tenancy's paperwork in a private vault and flags gas safety, EICR and EPC expiry. It's £12 a month for up to 5 properties, plus £4 a month for each extra property, and the first month is free.
Sources
- GOV.UK, Check your tenant's right to rent, who you have to check: https://www.gov.uk/check-tenant-right-to-rent-documents
- GOV.UK, Check your tenant's right to rent, how to do a check: https://www.gov.uk/check-tenant-right-to-rent-documents/how-to-check
- GOV.UK, Grounds for possession guidance: https://www.gov.uk/government/publications/grounds-for-possession-guidance-for-landlords-and-letting-agents/grounds-for-possession-guidance-for-landlords-and-letting-agents