Right to Rent Check in England: How Landlords Verify Immigration Status in 2026

What the Right to Rent Check Is

Every landlord in England must verify that a prospective tenant has the legal right to rent residential property before entering into a tenancy agreement. This obligation sits under the Immigration Act 2014, as amended, and applies to every adult who will occupy the property as their only or main home — not just the named tenant but also any adult household members.

Failing to conduct the check before the tenancy agreement is entered into can mean you do not have a statutory excuse. If the occupier is found to have no right to rent, the civil penalty can be up to £10,000 per occupier for a first breach, rising to £20,000 for a repeat breach within three years.

The Three Methods

There are three lawful ways to verify an applicant's right to rent in England:

1. Manual document check. The applicant presents acceptable original documents from the Home Office's current prescribed list, such as a British or Irish passport where eligible. You check that the documents are genuine and belong to the applicant, then make a clear copy and record the check date. Do not accept a biometric residence card or permit; applicants with an eVisa must use the online service.

Keep the check evidence for the duration of the tenancy and at least one year after it ends. Use manual checks only where the applicant can prove their right with an acceptable original document.

2. Home Office online checking service (share code). Applicants with digital immigration status, including eVisa and EU Settlement Scheme holders, generate a share code through the GOV.UK "prove your right to rent" service. The code is valid for 90 days.

You enter the share code and the applicant's date of birth on the Home Office online right-to-rent checking service. The system returns the applicant's immigration status, right-to-rent result, and any time limitation. Save or print the result page as your record. Use the Landlord Checking Service where the online service cannot confirm status and Home Office verification is required.

For applicants with a time-limited right to rent, the checking service tells you the expiry date. You must conduct a follow-up check before that date — if you miss it, your statutory excuse lapses.

3. Registered Right to Rent Digital Verification Service Provider (RtR DVSP). Landlords may use a registered RtR DVSP for eligible documents and checks. The provider supplies the check output, but the landlord must still verify that the result relates to the applicant and retain the evidence.

This method is particularly useful for remote lettings — where the tenant is relocating and cannot attend a viewing or document check in person. A correctly completed prescribed check can establish your statutory excuse; using a provider does not remove your responsibility to follow the Home Office process.

Eligibility depends on the document and service offered by the registered provider. Applicants with an eVisa must use the Home Office online share-code service. If an applicant can prove their right with acceptable original documents, you cannot insist that they use the online service instead.

The Timing

The timing depends on the applicant's right to rent. For someone with an unlimited right, the check can be completed any time before the tenancy agreement is entered into. For someone with a time-limited right, the check must be completed no earlier than 28 calendar days before the agreement is entered into.

For most self-managing landlords, the practical approach is to run the Right to Rent check during the referencing period — after the holding deposit is taken and before the tenancy agreement is signed. This fits within the 15-day holding deposit deadline.

Follow-Up Checks

If the applicant has a time-limited right to rent (a visa that expires, or a pending immigration application), you must conduct a follow-up check before the status expires. The Home Office checking service shows the expiry date and tells you when the next check is due.

If you fail to conduct the follow-up check and the tenant's right to rent expires, you lose your statutory excuse from that date. The same penalty framework applies — up to £10,000 for a first breach.

Set a calendar reminder for four weeks before the expiry date. That gives you time to request a share code from the tenant, run the check, and deal with any complications.

What If the Check Fails?

If an applicant fails the Right to Rent check — they cannot produce acceptable documents, their share code returns a negative result, or the Home Office checking service shows no right to rent — you cannot let the property to them. Renting to someone when you know or have reasonable cause to believe they do not have the right to rent can be a criminal offence, as well as exposing you to a civil penalty.

You can also lawfully retain the holding deposit if the applicant fails the Right to Rent check — this is one of the specific retention grounds under the Tenant Fees Act 2019.

If you believe the result is wrong (for example, the applicant says they have a pending visa application), the Home Office Landlord Checking Service has a verification request process. Submit the request and wait for the response before making any tenancy decision.

The Advertising and Choosing Tenants in England guide explains where the Right to Rent check fits in the letting timeline — after the holding deposit and before the agreement — and includes a Pre-Tenancy Document Record that tracks the check date, method, result, and any follow-up dates.

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