Home Office Right to Rent Guides published

The Home Office has now published its updated Right to Rent guidance for landlords

Landlord’s guide to right to rent checks – GOV.UK

Right to rent immigration checks: landlords’ code of practice – GOV.UK

This guidance applies to right to rent checks conducted on or after 1 October 2026. Previous versions are available through the UK Government Web Archive.The Scheme applies only to residential tenancy agreements first entered into:

On or after 1 December 2014 in Birmingham, Wolverhampton, Dudley, Sandwell and Walsall. On or after 1 February 2016 in the rest of England.

Please use the above links for the full guides

Transfer of Liability

Appointing an agent

A landlord may appoint an agent to carry out right to rent checks on their behalf. Where an agent accepts responsibility for conducting the checks, this should be recorded in a written agreement.

The agreement should make clear whether the agent is responsible for:

• initial right to rent checks; and
• any required follow-up checks for occupiers with a time-limited right to rent.

Where responsibility has been transferred in writing, liability for any civil penalty rests with the agent. Liability cannot be transferred beyond the appointed agent.

Tenants who sub-let and lodgers

If a tenant sub-lets all or part of their accommodation, or takes in a lodger for rent, they become responsible for carrying out right to rent checks on those occupiers. Responsibility can be transferred to their landlord (‘superior landlord’) where the superior landlord agrees in writing to accept responsibility for conducting the checks. Where the superior landlord accepts responsibility, they must:

• identify all occupiers;
• carry out the required right to rent checks;
• complete any required follow-up checks; and
• make any required reports to the Home Office.

If the superior landlord does not agree in writing to accept this responsibility, the person sub-letting the accommodation or taking in the lodger remains responsible for complying with the Scheme and may be liable for a civil penalty where the requirements are not met.

Sitting tenants and changes in landlord

Where a landlord acquires a property with sitting occupiers, they should confirm with the previous landlord that right to rent checks were carried out and retain evidence of this, such as copies of the documents (physical or digital) that were checked. Landlords must also note whether and when any follow up checks are required to maintain a statutory excuse against a civil penalty.

If the tenancy was entered into before the Scheme came into force, the new landlord does not need to confirm that a right to rent check has been carried out. However, they should obtain and keep evidence of the tenancy start date.

Where a disqualified person with no right to rent is found to be in occupation and the landlord has changed since the tenancy was granted, liability for a civil penalty depends on the circumstances. If the occupier had no right to rent at the time the tenancy was granted, the original landlord will remain liable, even if the property has since been sold. If an occupier had a right to rent when the tenancy was granted but later lost that right, and the required follow up checks were not carried out, the landlord at the time the breach is identified will be liable. This applies where the occupier’s permission to stay in the UK has expired and the landlord’s statutory excuse has also lapsed.

Who can occupy residential accommodation?

Under the Scheme, people will generally fall into one of two categories depending on their immigration status:

• those with an unlimited right to rent; and
• those with a time-limited right to rent.

This section explains who falls within each category. It also provides information about those who have been granted Permission to Rent by the Home Office and children.

Those with an unlimited right to rent

The following groups of people currently have an unlimited right to rent:

• British citizens.
• Irish citizens.
• people who have the right of abode in the UK.
• people who have been granted settlement (including settled status under the EU Settlement Scheme).
• people who have no time limit on their permission to stay in the UK.

You may carry out a right to rent check on these individuals at any time before the tenancy begins. You must retain a clear copy of the evidence checked, together with a record of the date the check was carried out, for the duration of the tenancy and for at least one year after it ends. No follow-up checks are required during the tenancy period, where an unlimited right to rent has been established.

Those with a time-limited right to rent

People who do not have an unlimited right to rent may have a time-limited right to rent if they have immigration permission which allows them to stay in the UK for a limited period. Examples include:

• People with valid Permission to Enter or Stay for a time limited period,
• People with an outstanding application with the Home Office.

These individuals will normally be able to provide evidence of their right to rent either through:

• a Home Office online right to rent check;
• an acceptable document;

Where a person holds an eVisa, the Home Office online right to rent service will confirm whether they have a right to rent and whether a follow-up check is required. If a follow-up check is required, the online service will provide the date by which it must be completed. To establish a statutory excuse, a right to rent check for a person with a time-limited right to rent must be carried out no earlier than 28 calendar days before the date the tenancy agreement is entered into. Evidence of the check, together with the date on which it was carried out, must be retained for the duration of the tenancy and for at least one year after it ends.

A follow-up check must be completed before the statutory excuse expires if the person remains in occupation.

Prospective occupiers outside the UK

In some circumstances, a prospective occupier may arrange accommodation before arriving in the UK. Where this occurs, you may agree a tenancy in principle before the person travels to the UK. The right to rent check should still be carried out before the person takes up occupation of the property. You may also wish to meet the prospective occupier by video call before agreeing the tenancy in principle.

Children

The Scheme does not apply to children, and a landlord is not required to conduct a check on occupants under the age of 18.  A landlord can consider a person to be a child where they are reasonably satisfied that they are not 18 years of age or over. Landlords may allow those who will turn 18 years of age during a residential tenancy agreement to continue to occupy property. A landlord is not required to conduct a right to rent check at the point the child turns 18 years of age. However, where follow up checks are required for the existing occupiers, the now adult should be included in those checks when they are due.

Discrimination

Landlords must not discriminate when carrying out right to rent checks. The best way to avoid discrimination is to apply the same checking process to all prospective adult occupiers, regardless of their nationality, ethnicity, appearance, accent or perceived immigration status. To help avoid unlawful discrimination, landlords should:

• ensure that no person is discouraged from renting a property because of a protected characteristic.
• provide individuals with a reasonable opportunity to demonstrate their right to rent using any of the prescribed methods.

Landlords should not:

• only check the status of people they believe to be migrants.
• make assumptions about a person’s right to rent or immigration status based on their appearance, nationality, ethnic or national origins, accent or length of residence in the UK.
• treat individuals with a time-limited right to rent less favourably.
• treat individuals differently depending on whether they provide evidence through an online check, a manual document check or confirmation from the Landlord Checking Service.

You cannot require a person to prove their right to rent using a particular method. Individuals should be given a reasonable opportunity to demonstrate their right to rent using any prescribed method available to them.

The code of practice for landlords: avoiding unlawful discrimination when conducting right to rent checks in the private rented residential sector provides further guidance on avoiding unlawful discrimination. Landlords should read this guidance alongside this document and the code of practice on right to rent: right to rent scheme for landlords and their agents when cowhen conducting right to rent checks. If you breach this guidance, it may be used as evidence in legal proceedings.

A landlord who discriminates contrary to the Equality Act 2010 may be subject to legal action. Individuals who believe they have experienced unlawful discrimination may seek redress through the courts or tribunal system. Compensation for unlawful discrimination is not subject to an upper limit. For advice and support on discrimination matters, contact the Equality Advisory Support Service (EASS).

Letting Arrangements that fall within the Scheme

Under the Scheme you must not authorise any adult to occupy a property under a residential tenancy agreement which provides for the payment of rent unless they have a right to rent or have been allowed permission to rent. The Scheme applies only to residential tenancy agreements first entered into on or after:

• 1 December 2014 in Birmingham, Wolverhampton, Dudley, Sandwell and Walsall.
• 1 February 2016 in the rest of England.

You are not required to conduct right to rent checks in relation to residential tenancy agreements entered into before these dates. You are also not required to conduct new right to rent checks where a tenancy agreement is renewed between the same parties and there has been no break in the occupier’s right to occupy the property.

Step 1: Obtain

• Obtain original documents from List A or List B of the acceptable document lists in Annex A of this guidance. This can include the authoritatively digitally issued version (if any).
• The documents provided must be original documents belonging to the prospective occupier and must demonstrate their right to rent in England.

Step 2: Check

• Check the documents in the presence of the prospective occupier, either in person or by video call.
• Check that the documents are genuine, have not been tampered with and belong to the prospective or existing occupier presenting them.
• Check that photographs and dates of birth are consistent across documents and with the person’s appearance in order to detect impersonation. This element of the check can be done in person, by video call or digitally using facial recognition technology by a RtR DVSP.
• Check that any differences in names across documents can be explained by supporting evidence, for example an original marriage certificate, divorce decree absolute or deed poll. Copies of any supporting documents should also be retained.
• Check that any immigration Permission to Enter or Stay in the UK has not expired.
• Check that the person has the right to rent in England, and any conditions or restrictions identified during the check are understood and complied with.

Step 3: Copy and retain

• Make a clear copy of each document in a format which cannot be manually altered and retain the copy securely, electronically or in hardcopy.
• Retain a secure record of the date on which the check was made. This date may be written on the document copy as: “the date on which this right to rent check was made: [insert date]”.
• Retain the copies securely for at least one year after the tenancy agreement comes to an end. The copies must then be securely destroyed.
• Where a person is unable to present any of the acceptable documents listed in Annex A, you may request verification of their right to rent from the Landlord Checking Service (LCS).
• You must copy and retain copies of:

Passports – any page with:

• the document expiry date
• the holder’s nationality
• date of birth
• signature
• biometric details
• photograph
• any page containing evidence of the holder’s permission to enter or stay in the UK (for example, a visa or entry clearance endorsement).

All other documents – the documents in full and copy both sides.

You should take all reasonable steps to check the validity of the documents presented to you, whether they are physical or in a digital format. You must take reasonable steps to ensure that any document or evidence presented is genuine, has been issued by, or on behalf of, the organisation or authority it purports to come from, and belongs to the person presenting it. This means that a person who is not trained in identifying false documents, examining the document carefully but briefly and without the use of technological aids, could reasonably be expected to recognise that the document is not genuine.

Where documents are provided in a digital format, landlords are encouraged to use a Digital Verification Service Provider (DVSP) to verify the document, as this provides a secure and reliable method of establishing identity.

Checking the validity of documents

False documents and statutory excuse

If you are given a false document, you will only be liable for a civil penalty if it is reasonably apparent that it is false. You will not obtain a statutory excuse where:

• it is reasonably apparent that the person presenting the document is not the person referred to in that document, even if the document itself is genuine.
• you know that the person does not have a right to rent; or
• you know that the documents are false or do not rightfully belong to the holder.

For information on recognising fraudulent identity documents and reporting false documents or genuine documents that do not belong to the person presenting them, please refer to the Support section of this guidance.

If you are presented with a false document, or a genuine document belonging to another person, you should report this to the Home Office using the GOV.UK service to report immigration or border crime.

Conducting a right to rent check using the Home Office online service

Where a person holds only an eVisa, landlords must use the Home Office online right to rent checking service to establish a statutory excuse by accessing the person’s right to rent information using a share code, ‘Check a tenant’s right to rent in England: use their share code’. This service provides real-time information directly from Home Office systems.

Where it is not possible to conduct a Home Office online right to rent check, landlords may only carry out a right to rent check using another prescribed method where the person is able to demonstrate their right to rent using that method.

Where the online service cannot be accessed due to a technical issue, for example where a person is temporarily unable to generate a share code, landlords may be able to use the Landlord Checking Service (LCS) to obtain verification of the person’s right to rent, where applicable. If the person can access their eVisa but believes the information shown is wrong, they should use the Report an error with your eVisa service; LCS should not be used to correct eVisa information.

Landlords may use technology to support them with the required steps to carry out an online check. However, it remains the landlord who is responsible for conducting the check in the prescribed manner to establish a statutory excuse. The Home Office does not currently provide support to or endorse the use of technology for the purposes of carrying out online right to rent checks.

Should a landlord be found to be letting accommodation to an occupier without their identity and eligibility being verified as prescribed in this guidance and the associated Code of Practice, the landlord will not have a statutory excuse in the event the person is found to be renting without the right to rent and may therefore be liable for payment of a civil penalty.

How does an occupier generate a share code?

Individuals using the service must select one of the three reasons for sharing their immigration status. For prospective or existing occupiers, they must:

Occupier action:

• Select choose prove your right to rent in England: Get a share code
• Generate a 9-character right to rent share code.
• Provide the share code and date of birth to the landlord.

Landlord action:

• Use only share codes generated for right to rent purposes.
• Right to rent share codes begin with “R”. Codes beginning with “W” or “S” are for other services.
• Ask for a new right to rent share code if the code has expired or was generated for another service.

Step 1: Use the Home Office online service

Enter the occupier’s right to rent share code and date of birth into the Home Office online right to rent checking service. The occupier may provide the share code directly to the landlord or choose to send it through the Home Office online service. Where the occupier sends the share code using the online service, the landlord will receive an email from [email protected]. It is not sufficient to rely on information displayed to the occupier through the migrant-facing service or on printed copies of the service output. Landlords must access and view the Home Office online right to rent service directly.

Step 2: Check

To check the occupier’s right to rent details, you must access the Home Office online right to rent checking service ‘check a tenant’s right to rent in England: use their share cocde’ and enter the right to rent share code and the occupier’s date of birth.

When conducting a Home Office online right to rent check, including follow-up checks, landlords must:

The Home Office online service will confirm whether the occupier has a continuous right to rent, in which case no follow-up check is required, or a time-limited right to rent, in which case the service will advise when a follow-up check must be carried out. Please see examples below:

Continuous right to rent output:

Time-limited right to rent output:

Step 3: Retain evidence of the online check

• Securely store (electronically or in hardcopy) a PDF or HTML copy of the profile page confirming the occupier’s right to rent. This will include the photograph and date on which the check was conducted.
• The copy should be retained for the duration of the tenancy agreement and for at least one year after the tenancy agreement comes to an end. The file or hard copy must then be securely destroyed.
• Landlords should also be able to produce this evidence quickly in the event that they are requested to demonstrate that they have carried out a right to rent check and established a statutory excuse.
• Landlords must repeat this process in respect of any follow-up check.

When to contact the Home Office Landlord Checking Service to verify right to rent

In certain circumstances, you may need to contact the Home Office Landlord Checking Service (LCS), using an online form to verify a person’s right to rent and establish a statutory excuse. These include:

1. The occupier has an outstanding application, administrative review or appeal with the Home Office which was made before their previous immigration permission expired.

2. The occupier has been issued with a Certificate of Application which states that a right to rent check must be obtained from the Landlord Checking Service.

3. The occupier is an asylum seeker or has an appeal pending against determination in respect of their asylum claim.

4. The occupier has been granted Permission to Rent by the Home Office.

5. The occupier is unable to use the Home Office online service because they cannot access their eVisa, or it contains an error which requires correction.

6. The occupier is from a Crown Dependency and has confirmed they have exercised control of their immigration status using a UKVI account, but their status cannot be verified using the Home Office online service.

7. You have been instructed elsewhere in this guidance to obtain confirmation of a person’s right to rent from the Landlord Checking Service.

If positive confirmation is received, by way of a Positive Right to Rent Notice (PRRN) (a ‘yes’ response) from the LCS, the statutory excuse will last for 12 months from the date specified. You will then need to make a further check before the expiry date.

If a ‘no’ response is received from the LCS, you will receive a Negative Right to Rent Notice (NRRN). This will inform you that the person does not have the right to rent, and if you rent to this person, you will not have a statutory excuse and may be liable for a civil penalty or be committing a criminal offence.

If in a follow up check, the LCS informs you that your occupier no longer has a right to rent, by way of a ‘no’ response, you must make a report to the Home Office in order to maintain a statutory excuse. If you do not do this, your statutory excuse will expire.

If the LCS has not considered the request within two working days, an automatic response will be sent to the landlord informing them that they can let their property to the prospective occupier. The statutory excuse will last for 12 months, at which time you will need to carry out a further check to maintain your statutory excuse. Any response from the Home Office LCS must be retained in order to maintain a statutory excuse against liability for a civil penalty.

Please note that the LCS is for the use of landlords and agents only.

4. Specific categories of occupiers and immigration status

Biometric Residence Permits

Biometric Residence Permits (BRPs) provided evidence of the holder’s immigration status in the UK. However, they ceased to be issued by the Home Office on 31 October 2024 as part of the move towards an immigration system which is more digital and streamlined. Physical immigration documents have now been replaced by eVisas. A manual check of an original, expired BRP is not acceptable proof of right to rent in England. In these circumstances, landlords will only establish a statutory excuse if they conduct an online right to rent check in accordance with this guidance.

Short validity vignettes

From 1 July 2026, visa vignettes are no longer issued as evidence of immigration permission.

Where an occupier needs to enter into a tenancy agreement before creating a UKVI account and accessing their eVisa, they may be able to evidence their right to rent using a short validity vignette contained in their passport, where one has been issued and remains valid. In these circumstances, landlords must carry out a manual right to rent check using the vignette.

Nationals of an EEA country, Australia, Canada, Japan, New Zealand, Singapore, South Korea or the USA who are visitors to the UK

Nationals of an EEA country, Australia, Canada, Japan, New Zealand, Singapore, South Korea, and the USA, who enter the UK as a visitor may use eGates, where available (including some juxtaposed ports) provided they hold a biometric passport. Those who do not hold a biometric passport will be processed by a Border Force Officer at the manned passport control point. In both cases, visitors will not normally receive a passport stamp. Those who are processed by an officer will be informed verbally of their permission to enter/remain and any associated conditions.

Individuals entering the UK under other immigration routes may be able to evidence their status using a UKVI account and eVisa. Visitors to the UK, including for short term study or business reasons are granted automatic Permission to Enter through the e-gates or granted leave to enter by a Border Force Officer for a maximum period of up to six months. As they will not usually receive a document to evidence their lawful status, these nationals may demonstrate a right to rent using their passport together with evidence of entry to the UK.

In some cases, a passport may be endorsed with a stamp showing the date of entry. Where a stamp is present, a landlord may carry out a right to rent check using the passport and endorsement alone.

Acceptable evidence of entry to the UK

Acceptable evidence may include, but is not restricted to, the following, provided it shows arrival in the UK within the last six months:

Under the Immigration Rules, upon arrival, non-visa nationals can be granted Permission to Enter the UK for up to six months from the date of their arrival. However, a different legislative framework governs the Scheme, purposely designed to minimise the frequency of checks a landlord needs to undertake. Where a right to rent check is conducted on the basis of the person’s evidence of arrival to the UK (as listed above), landlords will obtain a statutory excuse for 12 months. A follow‑up check must be carried out before the end of the 12‑month eligibility period if the person is still occupying the accommodation. However, there is nothing to prevent a landlord from conducting a follow-up check when an occupier’s right to rent expires, where a valid statutory excuse continues to remain in place.

How to conduct a right to rent check on visitors from these countries

Step 1: Obtain

You must:

* Establish that the person is a national of one of the countries listed above.  * Obtain their passport.  * Obtain evidence of their arrival in the UK within the last six months.

Step 2: Check

You must:

* Check the documents in the presence of the holder. This can be done in person or by live video link.  *  In either case, be in physical possession of the original documents.  * Be satisfied that the documents are genuine and belong to the person presenting them.  *  Be satisfied that the photographs and biographic details are consistent.  * Be satisfied that the evidence demonstrates arrival in the UK within the last six months.

Step 3: Copy and retain

* Make a clear copy of each document in a format which cannot be manually altered and retain it securely, either electronically or in hardcopy.  * Keep a record of the date on which the check was carried out. This may be recorded as: “The date on which this right to rent check was made: [insert date]”.  * Retain the evidence for the duration of the tenancy agreement and for at least one year after the tenancy agreement comes to an end. The records must then be securely destroyed.

Where a right to rent check has been conducted correctly, you will establish a statutory excuse for 12 months. A follow-up check must be carried out before the end of the 12-month eligibility period if the occupier continues to occupy the accommodation.

Visitors – Electronic Travel Authorisation (ETA)

An Electronic Travel Authorisation (ETA) permits a person to travel to the UK and, where entry is granted, remain for up to six months for tourism, visiting family and friends, business or short-term study. Further information on ETAs can be found on gov.uk at:

https://www.gov.uk/guidance/apply-for-an-electronic-travel-authorisation-eta

An ETA does not guarantee entry to the UK. Individuals must still seek permission to enter either through an ePassport gate (where eligible) or from a Border Force Officer. Where a person enters the UK through an ePassport gate, they may not receive a passport endorsement. Landlords should refer to “How to conduct a right to rent check on visitors from these countries” for information on establishing a right to rent in these circumstances. Where a person is required to see a Border Force Officer, they may be granted permission to enter for up to six months and receive an endorsement in their passport. In these circumstances, they may demonstrate a right to rent by presenting:

• a valid passport; and
• the passport endorsement confirming their permission to enter or stay in the UK.

Students

If you are letting accommodation to students in the private rented sector, you are required to conduct right to rent checks in the prescribed manner on all prospective occupiers, including British citizens, before the tenancy begins. The below sections set out a number of different scenarios you may come across when renting to students.

First time students from overseas

Students granted permission to enter the UK may be issued with an eVisa only. Where a student has access to an eVisa, you must carry out a right to rent check using the Home Office online service. Students can create a UKVI account before arriving in the UK and may have already done so as part of their visa application.

Details of how to do this are available at www.gov.uk/eVisa. They can use their UKVI account and eVisa to generate a share code to demonstrate their right to rent.

Where a student enters into a tenancy agreement before creating a UKVI account and accessing their eVisa, they may be able to evidence their right to rent using a short validity vignette in their passport, where one has been issued and remains valid. The vignette must be valid at the time of the check. This will provide a time-limited statutory excuse for 12 months.

It may be good practice to encourage a further right to rent check once the student has created their UKVI account, as this will provide a statutory excuse based on their digital immigration status for the duration of their immigration permission. The student must use the Home Office online service.

If there are any issues with account creation or access to a person’s digital status, they should contact UKVI. Where a person identifies errors with their eVisa, such as incorrect biographical details or validity dates, they can use the Report an error with your eVisa service.

Right to Rent checks when the student is overseas

In some cases, it may not be possible to check a student’s right to rent before a tenancy agreement is entered into, for example where the student lives overseas or is a returning student who is outside the UK before the start of a new academic year. In these circumstances, a tenancy may be agreed in principle before the student arrives in the UK. The right to rent check can then be carried out before occupation begins. The check may be undertaken on the day that the student moves into the accommodation.

Where a student has status under the EU Settlement Scheme or permission under the points-based immigration system, they must evidence their right to rent using the Home Office online service. The online check may be carried out by live video call while the student is overseas. For those with a time-limited right to rent, the right to rent check must be carried out no earlier than 28 calendar days before entering into the tenancy agreement.

Multiple occupancy student tenancies

Where accommodation is being let to multiple students, you must establish how many adults will occupy the property and carry out a right to rent check on each adult occupier. In some circumstances, occupiers may move into the property at different times. Where this occurs, you must carry out the right to rent check for each occupier before they take up occupation of the property.

Changes to Student Tenancy Agreements

Where a tenancy agreement has been agreed before students move into a property, and there are subsequent changes to the agreement which grant a right of occupation to one or more new adult occupiers, this is considered to be a varied tenancy.

For the purposes of the Scheme, a varied tenancy is treated as a new agreement. This means that right to rent checks must be carried out on all adult occupiers, including existing occupiers, regardless of nationality.

Visitors who are studying in the UK

Individuals accepted onto some short-term courses of study, of up to six months, may enter the UK as visitors. Where a visitor holds an eVisa, you should carry out a right to rent check using the Home Office online service. Where a visitor does not hold an eVisa, you should follow the relevant right to rent checking requirements for the immigration documentation presented.

For nationals of an EEA country, Australia, Canada, Japan, New Zealand, Singapore, South Korea and the USA who are visitors to the UK, please refer to the section “How to conduct a right to rent check on visitors from these countries”. You do not need to request information about the person’s course of study.