Landlords have been legally required to check tenants' Right to Rent since 2016. Here's how to conduct compliant checks and avoid substantial penalties.
Right to Rent checks became a legal requirement for landlords in England in February 2016 under the Immigration Act 2014. All adult occupants — not just named tenants — must have their right to rent verified before moving in. Failure to comply can result in fines of up to £3,000 per person and, from 2023, potential criminal prosecution.
Who needs to be checked?
Every adult (aged 18 or over) who is going to occupy a rented property as their only or main home must have their right to rent checked. This applies even if a person is not named on the tenancy agreement — for example, a tenant's adult partner.
What documents are acceptable?
The Home Office maintains a list of acceptable documents. Broadly, these fall into two categories: List A documents (which give an unlimited right to rent and require only a single check) and List B documents (for those with limited leave to remain, requiring follow-up checks when their leave expires).
List A includes British and EEA passports, UK birth certificates with other supporting documents, and indefinite leave to remain documentation. List B includes biometric residence permits and visas with limited leave to remain.
How to conduct the check
For List A documents, the process involves requesting original documents, checking they are genuine and valid, satisfying yourself that the person presenting them is the person they describe, and taking a clear copy of all relevant pages.
For online checking (available for those with eVisa or UKVI online status), the Home Office's online checking service must be used. You cannot accept a screenshot from a tenant as proof.
Recording the check
All checks must be recorded, including copies of documents and the date the check was conducted. Records should be retained for the duration of the tenancy and for one year after it ends.
Our tenancy management service conducts Right to Rent checks on all tenants as a standard part of our referencing process.