The right stuff: what landlords need to know about Right to Rent checks

There's a compliance check that sits right at the very start of every tenancy — before the keys are handed over, before the inventory is done, before anything else — and it's one that a surprising number of landlords either don't do properly or don't do at all. Right to Rent checks have been a legal requirement in England since 2016, and the penalties for getting them wrong have only increased since then.

Here's what you need to know.

What is a Right to Rent check?

Before granting a tenancy, every landlord in England must check that their prospective tenant has the legal right to rent property in the UK. It's an immigration compliance requirement, and the responsibility sits with the landlord — not the letting agent, not the tenant, and not someone else in the chain, unless you've formally delegated it in writing to a managing agent.

The check must be completed before the tenancy begins. Not on move-in day. Before.

How do you actually do it?

There are three ways, and which one you use depends on the tenant's situation.

For British and Irish citizens, the simplest route is checking an original passport or other acceptable document in person. You must see the original — a photocopy or photo on a phone does not count and does not give you a statutory excuse if things go wrong later. Take a copy, date it, and keep it.

For tenants with a biometric residence permit or settled/pre-settled status under the EU Settlement Scheme, the process is digital. The tenant generates a 9-character share code at gov.uk, and you enter that share code along with their date of birth at the government's landlord checking service. This creates a time-stamped record of the check.

From 1 October 2026, if you use a third-party digital verification provider rather than doing it yourself, that provider must be registered on the Office for Digital Identities and Attributes register. Worth checking if you use one.

Time-limited right to rent

Some tenants have the right to rent only for a limited period — tied to a visa or temporary immigration status. If that's the case, you need to carry out a follow-up check before their permission expires. Miss this, and you lose the protection that the original check gave you.

What do you keep, and for how long?

Dated copies of all documents checked, for the duration of the tenancy plus 12 months. These are immigration documents and contain sensitive personal data, so they need to be stored securely in line with UK GDPR. Don't share them with contractors, guarantors, or anyone else who doesn't need them.

What happens if you get it wrong?

The fines are significant. A first breach carries a civil penalty of up to £10,000 per occupant. A repeat breach within three years goes up to £20,000 per occupant. Pay within 21 days and there's a 30% reduction — but that's still a meaningful sum for a single tenant, let alone a House in Multiple Occupation with several.

At the criminal end, knowingly renting to someone without the right to rent can result in an unlimited fine or up to five years' imprisonment. This is not an area where ignorance is a reliable defence.

One more thing: letting agents

If you use a letting agent to manage your property, make sure you have written confirmation that they're carrying out Right to Rent checks on your behalf. If it's not in writing, the responsibility defaults to you. It's worth a quick conversation with your agent if you're not certain how this is handled.

As always, if you need help with any of the practical side of getting a property tenancy-ready — from compliance work to maintenance, decorating, or cleaning — give us a call on 020 7993 8277 or drop us a line at info@lapps.co.uk.

Legal disclaimer: The information in this post is provided for general guidance purposes only and does not constitute legal advice. Right to Rent rules can change and individual circumstances vary — we recommend seeking advice from a qualified professional if you have specific concerns about your legal obligations. LAP Property Services accepts no liability for any decisions made in reliance on this content.

LAP Property Services provide property maintenance, electrical, gas, and compliance services to landlords and letting agents across London. Visit www.lapps.co.uk to find out more.