Right to Rent Checks — What Landlords Must Verify and Your Rights as a Tenant

What Is the Right to Rent Scheme?

The Right to Rent scheme was introduced by the Immigration Act 2014 and requires all private landlords in England to check that their tenants have the legal right to live in the United Kingdom before granting a tenancy. Landlords who fail to carry out checks — or who knowingly let to someone without the right to rent — face significant civil penalties.

Understanding how the checks work helps you prepare the right documents, understand your rights if a landlord behaves improperly, and know what to do if your immigration status is complex.

What Landlords Must Check

Before the tenancy begins, your landlord or letting agent must verify that every adult occupier aged 18 or over has the right to rent. They must:

1. Check original documents or use the Home Office online service

2. Satisfy themselves the documents are genuine and belong to the person presenting them

3. Copy the documents and retain the copy

4. Record the date the check was carried out

For tenants with time-limited leave to remain, landlords must conduct follow-up checks at intervals set by the Home Office.

Acceptable Documents

**List A — Unlimited right to rent (no follow-up required):**

• UK or Irish passport (current or expired)
• UK birth certificate plus evidence of National Insurance number
• Certificate of registration or naturalisation as a British citizen
• Passport or travel document showing indefinite leave to remain
• Home Office Biometric Residence Permit showing indefinite leave or no time limit

**List B — Time-limited right to rent (follow-up check required):**

• Passport or travel document showing time-limited leave to remain
• Biometric Residence Permit showing time-limited leave
• Home Office share code (used with the online verification service)

Digital Verification

Since 2022, landlords can verify the right to rent of British and Irish citizens using certified Identity Service Providers (IDSPs) — a digital identity check rather than physical document inspection. For those with a Biometric Residence Permit or other Home Office documentation, the online share code system is the standard route.

What Happens If You Have Pending Leave to Remain

If your current leave has expired but you have a pending application (or appeal) to the Home Office, your right to rent continues during the application period. Your landlord can verify your status using the Landlord Checking Service on GOV.UK — this gives a yes or no answer and a reference number, which protects the landlord. You should provide your landlord with evidence of your outstanding application.

The Windrush Generation and Discrimination Risk

The Right to Rent scheme has been heavily criticised for causing landlords to discriminate against people who appear to be from ethnic minority backgrounds. Research has shown landlords are more likely to request documents from non-white British applicants or to turn them away rather than carry out checks.

This is unlawful. A landlord who refuses to consider a tenant because of their nationality or ethnicity, rather than because of their actual right to rent status, is committing race discrimination under the Equality Act 2010.

Members of the Windrush generation and their families who hold the right to remain but may lack standard documentation should contact the Windrush Helpline (0800 678 1925) for support obtaining evidence of status.

Landlord Penalties for Non-Compliance

Landlords who let to tenants without the right to rent face significant penalties:

• **First breach:** Up to £10,000 per occupant
• **Subsequent breaches or knowing breach:** Up to £20,000 per occupant

Landlords who knowingly let to someone who does not have the right to rent can also face criminal prosecution and up to five years in prison.

Your Rights During the Check

A landlord must check every adult occupier — they cannot single you out based on your appearance, accent, or name. If you believe you are being discriminated against during the checking process, you can:

• Complain to the Equality Advisory and Support Service (EASS)
• Make a county court claim for race discrimination
• Report the landlord to your local council

Practical Preparation

Before viewing a property you intend to rent:

• Have your passport or Biometric Residence Permit to hand
• If using a share code, generate it at gov.uk/prove-right-to-rent before the appointment
• Share codes expire after 90 days and can only be used a limited number of times — generate a fresh one if needed

Store your right to rent check documentation — including any share code references — in Property Passport UK alongside your tenancy agreement for a complete tenancy record.