$0 England Right to Rent Checklist

Right to Rent vs Right to Work: Why a Work Share Code Does Not Count

A tenant hands over a share code from their UKVI account and the landlord enters it into GOV.UK — only to discover the system rejects it. The most common reason: the code was generated for an employer, not a landlord.

Two Separate Legal Schemes

Right to rent and right to work are distinct statutory obligations under different parts of the law:

  • Right to work checks are conducted by employers under Section 15 of the Immigration, Asylum and Nationality Act 2006. The penalties apply to businesses that hire someone without the legal right to work in the UK.
  • Right to rent checks are conducted by landlords under Part 3 of the Immigration Act 2014. The penalties apply to landlords who let residential accommodation to someone without the legal right to rent in England.

The underlying immigration status may be the same — a person with a valid Tier 2 work visa has both the right to work and the right to rent — but the verification processes are separate, and the government systems distinguish between them.

The Share Code Prefix Rule

When a person generates a share code through their UKVI online account, they choose what the code is for:

  • 'R' prefix — Right to Rent. This is the only code valid for landlord verification.
  • 'W' prefix — Right to Work. This code works only on the employer-facing GOV.UK service.

A 'W' code entered into the landlord's right to rent checking portal will not return results. It is technically valid, but for the wrong purpose. Using a 'W' code does not establish a statutory excuse — even if the tenant genuinely has the right to rent.

Share codes last 90 days from generation. If a tenant has already generated a 'W' code for a new employer, they simply need to return to their UKVI account and generate a separate 'R' code for the landlord. There is no limit on how many codes can be active simultaneously.

What If the Tenant Already Has a Job?

A tenant having the right to work does not automatically confirm the right to rent, and vice versa. In most cases both rights exist together, but there are edge situations:

  • A person with no recourse to public funds conditions on their visa typically has both the right to work and the right to rent, but their housing benefit eligibility is restricted.
  • A person granted discretionary Permission to Rent through the Landlord Checking Service may have the right to rent without the right to work (or with restricted working conditions).
  • An asylum seeker may receive a Permission to Rent notice from the Home Office but not have permission to work (or may have limited permission to work only after 12 months).

The landlord's obligation is to verify the right to rent through one of the four authorised routes. An employer's confirmation that a tenant passed their right to work check is irrelevant — it does not transfer to the tenancy verification and cannot be relied upon.

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How to Handle the Conversation

When a tenant presents a 'W' share code, the landlord should explain:

  1. The code was generated for an employer and the landlord verification portal will not accept it.
  2. The tenant can log into their UKVI account and generate a new code specifically for renting — selecting the "right to rent" option.
  3. The new code will start with 'R' and will be valid for 90 days.

This is not a reason to delay or refuse the application. The Discrimination Code of Practice requires landlords to allow reasonable time for applicants to provide valid evidence, and generating a new share code takes minutes.

The Takeaway for Landlords

Always check the first character of a share code before entering it into GOV.UK. An 'R' means it was generated for renting; a 'W' means it was generated for employment. Only 'R' codes establish a statutory excuse for right to rent.

The Right to Rent Checks in England guide walks through the complete share code verification process, including the step where landlords confirm the code prefix, and covers the verification decision map for every combination of nationality, document type, and digital status.

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