Right to Rent checks: what every landlord must do
Before any adult occupies your property in England, you must check they have the right to rent. The duty applies to tenants, lodgers and other adult occupiers, and the penalties for skipping it are substantial.
How to check
- Establish who will live there: every adult occupier, not just those named on the agreement.
- Check status: original documents seen in the holder's presence (a British passport is the everyday case), or the Home Office online service using a share code for those with digital status. Identity service providers can be used for British and Irish citizens.
- Copy and date: keep copies with a record of the date checked, for the tenancy plus one year.
Timing and follow-ups
Check before the tenancy starts. Where a person has time-limited permission, diarise a follow-up check before it expires or within the statutory window; if a follow-up shows no right to rent, report to the Home Office, which protects you from penalty while the situation is resolved.
The penalties
Civil penalties run to thousands of pounds per occupier, rising steeply for repeat breaches to as much as £20,000 per occupier, with criminal liability for knowingly letting to someone without the right to rent. The check takes ten minutes; the record is the protection.
Referencing and Right to Rent run together at application stage: see the full referencing guide.
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Start my agreement →Frequently asked questions
Do Right to Rent checks apply to lodgers?
Yes. The duty covers any adult occupying the property as their home under your arrangement, including lodgers with a resident landlord.
What if my tenant is British without a passport?
The scheme allows document combinations, such as a birth certificate together with official proof of name, or certified identity checks through an approved provider. Check the current acceptable documents list on gov.uk.