What are ‘Right to Rent’ checks?

Right to rent checks are only needed in England as the regulations have not been introduced in Wales (or indeed Scotland or Northern Ireland).

There is extensive guidance online for landlords on the Gov.uk website here.  This should be followed carefully.

New Right to Rent guidance from 1 October 2026

A new Home Office Code of Practice and updated landlord guidance apply to Right to Rent checks carried out from 1 October 2026.

The rules now expressly cover the different ways in which checks can be carried out, including Home Office online checks, digital checks using a registered Digital Verification Service Provider (DVSP), manual document checks and, where appropriate, the Home Office Landlord Checking Service.

You should always follow the current government guidance when carrying out your check.

Here are some tips for you:

Your objective is to protect your position

Bear in mind that it is not your job to deal with illegal immigrants.  That is the job of the Home Office.  Your job is just to make sure you have complied with the rules and can prove this if asked.  So you don’t get fined.

This means that you should carry out the appropriate prescribed check and keep the evidence required for the type of check you have carried out.

The evidence you need to keep will depend on how the check was done. For example, this may be copies of documents for a manual check or the Home Office online Right to Rent profile for an online check.

You should also keep a secure record of the date the check was carried out.

The current system provides several different ways of carrying out a Right to Rent check. These include manual document checks, Home Office online checks using a share code and certain digital checks through a registered Digital Verification Service Provider.

You must keep the required evidence securely throughout the lodger arrangement and for at least one year after it ends. It should then be securely destroyed.

Always follow the current Home Office guidance for the particular type of check you are carrying out.

You need to follow the online government guidance

We are not putting detailed guidance on the documents and procedures you need to check, as these may change from time to time.

It is best that you visit the government guidance pages and follow the online instructions.

You will find a collection of guidance articles here.

If there are problems with the check

You are not expected to be an expert in forged documents. However, where you carry out a manual document check, you need to take reasonable steps to satisfy yourself that the documents are genuine, belong to the person presenting them and demonstrate a Right to Rent.

For example, check that:

• photographs and dates of birth are consistent with the person presenting the documents;
• there are no unexplained differences between names or other details;
• documents do not appear to have been altered or tampered with; and
• any immigration permission relied upon has not expired.

If the applicant cannot demonstrate their Right to Rent through the usual route, do not simply assume that they have no Right to Rent. Follow the Home Office guidance and use the Landlord Checking Service where appropriate.

You should carry out Right to Rent checks consistently for all prospective adult lodgers and should not treat someone less favourably because of their nationality, appearance, immigration status or because they need to use a different checking procedure.

Remember, however, that a lodger will be sharing your own home. You are not obliged to accept someone as your lodger merely because they have a Right to Rent.

Penalties for non-compliance

If the Home Office finds that you have allowed someone without a Right to Rent to live in your home, you may be liable for a civil penalty if you cannot show that you carried out the prescribed Right to Rent check correctly.

For lodgers in a private household, the maximum civil penalty is currently £5,000 for a first breach and £10,000 for a repeat breach. The penalties for landlords renting other accommodation (such as traditional tenancies) are higher.

There are also criminal offences relating to knowingly letting accommodation to someone who is disqualified from renting because of their immigration status, although criminal prosecution would be unusual in ordinary lodger cases.

In view of the potential penalties, it is very important to follow the current Home Office guidance and keep the required evidence of your checks.

In view of the size of the potential fines, it is really important that the rules are complied with and that you keep a record of your right to rent check and any ID documents produced to you.

You can purchase our right-to-rent checklist to help with this.

Online help

There is a useful online step-by-step guide provided by the Home Office, which you can follow here.

There is also a statutory Code of Practice, which gives the detailed legal rules.