A tenancy can be ready to sign, the deposit can be arranged and the move-in date can be close – but right to rent checks must be completed correctly before an adult occupier moves into a property. For landlords and letting agents in England, this is a legal duty with potentially serious financial and immigration consequences if it is overlooked or handled inconsistently.

The rules can feel daunting because immigration documents, digital status records and tenancy arrangements do not always fit neatly together. A clear process protects the landlord while treating prospective tenants fairly and respectfully.

What are right to rent checks?

Right to rent checks are immigration checks required before renting residential accommodation in England to adults who will use the property as their only or main home. They are designed to establish whether each adult occupier has an unlimited right to rent or a time-limited right to rent in the UK.

The scheme applies in England. It does not operate in the same way in Scotland, Wales or Northern Ireland. It can apply to a broad range of arrangements, including assured shorthold tenancies, lodger arrangements, sub-tenancies and some informal agreements. The label placed on an arrangement is less important than its practical effect.

A check is required for every adult aged 18 or over who will live at the property as their main home, whether or not they are named on the tenancy agreement or contribute towards the rent. This point is often missed where adult children, relatives or partners will join the named tenant.

There are limited exemptions, and the position can be more complicated for social housing, care homes, student accommodation and certain long leases. Where there is any uncertainty, it is sensible to obtain advice before possession is granted.

How landlords should carry out right to rent checks

The essential requirement is not simply to see a document. A landlord or responsible agent must use an approved checking route, carry it out at the right time and retain evidence that the check was completed. The available route depends on the occupier’s immigration status and the evidence they hold.

For some British and Irish citizens, checks may be completed by examining acceptable original documents or through an approved identity verification process where permitted. For many people with an eVisa or other digital immigration status, the correct route is an online right to rent check using a share code provided by the prospective tenant. The landlord must view the result directly through the official service rather than relying on a screenshot, an email forwarded by the tenant or an image of a share code result.

Where a prospective tenant has an outstanding immigration application or appeal and cannot provide standard evidence, the Home Office landlord checking service may be required. A positive response from that service can provide a time-limited right to rent and should be retained carefully.

In practical terms, a sound process has four stages:

• identify every adult who will occupy the property as their main home;
• obtain and check the appropriate original or online evidence before the tenancy begins;
• make a clear, dated record of the check and keep copies securely; and
• diarise any required follow-up check for occupiers with a time-limited right to rent.

The person undertaking a manual check should satisfy themselves that photographs and dates of birth are consistent, that documents appear genuine and unaltered, and that the individual presenting them is the person named in the documents. This does not mean a landlord is expected to be an immigration officer. It does mean obvious discrepancies should not be ignored.

Timing, record keeping and follow-up checks

A check should normally be carried out no more than 28 days before the start of the tenancy. Completing it after an occupier has moved in may leave the landlord without the statutory protection available for a properly completed check.

The evidence should record the date on which the check was made. For a manual check, this generally means keeping a copy of the relevant documents and recording the date. For an online check, retain the result page or a clear copy of the confirmation that identifies the occupier and confirms their right to rent.

Records must generally be kept for the duration of the tenancy and for at least one year after it ends. They should be stored securely, with appropriate regard to data protection. Passport details, immigration information and dates of birth are personal data, so access should be limited to those who genuinely need it.

An unlimited right to rent does not require a repeat check. A time-limited right does. The follow-up date is governed by the Home Office rules and may depend on the end date of the person’s permission or the prescribed period after the previous check. Do not rely only on a diary entry created at the start of the tenancy: review the current official guidance when setting the date, as the rules and digital processes can change.

If a follow-up check does not confirm a continuing right to rent, the landlord should act promptly and seek legal advice. Ending a tenancy is not automatic. Possession, discrimination law, contractual duties and the tenant’s individual immigration circumstances must all be considered.

Avoiding discrimination while meeting the law

The right to rent regime does not permit landlords to favour British passport holders, reject applicants because they have a foreign accent or nationality, or ask only certain applicants for immigration evidence. Doing so can expose a landlord or agent to allegations of unlawful discrimination.

The safest approach is to apply the same written process to every prospective adult occupier. Ask everyone for acceptable evidence, explain which checking route will be used and avoid making assumptions about a person’s status from their name, appearance or background.

This is also good business practice. A consistent process gives applicants confidence that they are being treated fairly, and it produces a clearer audit trail if a landlord is later asked to explain how a tenancy was granted.

Letting agents, guarantors and shared homes

Letting agents can carry out checks on a landlord’s behalf. However, responsibility should be set out clearly in writing. A landlord should know who is checking each occupier, where the evidence will be stored and who will undertake any follow-up check. Handing the task to an agent without confirming the arrangement can create an avoidable gap.

Guarantors are not normally subject to a right to rent check merely because they guarantee rent, provided they will not live at the property as their main home. Conversely, a person described as a guarantor who will also occupy the property may need checking as an adult occupier.

Houses in multiple occupation require particular care. People may move in at different times, rooms may be re-let separately and informal occupiers can be introduced after the original tenancy begins. Landlords should ensure that their tenancy terms require tenants to notify them before another adult takes up occupation, while recognising that the legal position will depend on the agreement and facts.

The consequences of getting it wrong

A landlord who rents to a person without the right to rent and cannot demonstrate that the required checks were completed may face a civil penalty. Penalties can be substantial and may be assessed per adult occupier. In more serious cases, particularly where a landlord knows or has reasonable cause to believe that a person has no right to rent, criminal liability may also arise.

The financial risk is not the only concern. An investigation can disrupt a tenancy, consume management time and damage relationships with tenants, agents and lenders. For portfolio landlords and businesses, weak procedures can quickly become a wider compliance issue.

When legal advice is particularly useful

Advice is worthwhile where an occupier has a pending application, uses a share code that produces an unexpected result, has documents from more than one immigration route, or where a landlord is considering action following a failed follow-up check. It is equally useful when a letting business wants a consistent policy, staff training and practical record-keeping procedures.

White Horse Solicitors & Notary Public can advise landlords, agents and tenants on the interaction between landlord and tenant obligations, immigration status and possession issues. Early advice can often prevent a documentation problem from becoming a dispute.

A careful right to rent process should not make renting feel hostile or inaccessible. Done properly, it is a straightforward part of responsible tenancy management: check every adult consistently, keep accurate records and seek advice before a difficult immigration position leads to an irreversible decision.