What is the penalty for renting to someone without right to rent?

Landlords who fail to conduct proper right-to-rent checks face civil penalties of up to 10,000 pounds per tenant for a first offence and up to 20,000 pounds for repeat offences. Knowingly renting to someone without right to rent is a criminal offence carrying up to 5 years imprisonment.

Do I need to check right to rent for all tenants?

Yes. You must check all adult occupants who will use the property as their only or main home. This includes lodgers. The check must be done before the tenancy starts and applies equally to all tenants regardless of nationality.

How do I check right to rent online?

Ask the tenant for their share code (generated from their UKVI account) and their date of birth. Enter these on the GOV.UK online checking service. This gives you a real-time result showing whether the person has right to rent.

Does right to rent apply to all UK properties?

Right-to-rent checks only apply to residential tenancies in England. They do not apply in Scotland, Wales, or Northern Ireland. They also do not apply to certain types of accommodation such as care homes, hostels, and social housing.

Right to Rent UK: Landlord Guide to Immigration Checks 2026

The right-to-rent scheme requires landlords in England to verify that tenants have immigration permission to rent residential accommodation. Proper checks establish a statutory excuse against civil penalties. This guide covers the full process for landlords.

Your Legal Obligations

Under the Immigration Act 2014, landlords in England must check that all adult tenants have the right to rent residential accommodation. This applies to new tenancies and must be completed before the tenancy starts.

The system mirrors the right-to-work check system for employers. Conducting a compliant check gives you a statutory excuse against civil penalties if a tenant turns out not to have the right to rent.

How to Conduct the Check

Online Check (Preferred for eVisa Holders)

For tenants with an eVisa, use the GOV.UK online right-to-rent checking service. The tenant generates a share code from their UKVI account and provides it along with their date of birth. You enter these online and receive an immediate result.

Manual Document Check

For tenants presenting physical documents:

Obtain original documents from the tenant.
Check the documents in the tenant's presence.
Verify documents are genuine, belong to the person, and permit them to rent.
Make and keep clear copies (including any page with the expiry date, photo, and signature).
Record the date you made the check.

Accepted Documents

Documents are divided into two lists:

List A: Documents proving unlimited right to rent (e.g., British or Irish passport, certificate of naturalisation). One check at the start of the tenancy is sufficient.
List B: Documents proving time-limited right to rent (e.g., visa, BRP with expiry date). Follow-up checks are required before the document expires.

Follow-Up Checks

If a tenant has time-limited right to rent, you must conduct a follow-up check before their permission expires. If the tenant has applied to extend their visa and is waiting for a decision, use the Home Office Landlord Checking Service to verify their status.

Keep records of all follow-up checks, including dates and outcomes. Set reminders for when checks are due.

Penalties

Failure to conduct proper right-to-rent checks can result in:

Civil penalty: Up to 10,000 pounds per tenant for a first offence, up to 20,000 pounds for repeat offences.
Criminal prosecution: Knowingly renting to someone without the right to rent can result in up to 5 years in prison.

These penalties are separate from those for illegal working but follow a similar enforcement model.

Avoiding Discrimination

You must not discriminate when conducting right-to-rent checks. This means:

Check all prospective tenants, not just those who appear to be foreign nationals.
Apply the same process to everyone.
Do not refuse to rent based on someone's accent, appearance, or name.
Accept all valid documents from the approved lists.

The Code of Practice for landlords provides detailed guidance on avoiding discrimination.

Letting Agents

If you use a letting agent, you can agree in writing that the agent will conduct right-to-rent checks on your behalf. However, as the landlord, ultimate responsibility remains with you. Ensure your agent is conducting checks properly and keeping adequate records.

Next Steps

Familiarise yourself with the accepted documents and the online checking process. Set up systems to track follow-up check dates. Train any staff or agents who manage tenancies on your behalf.

Related guides:

Right to Rent: A Complete Guide for UK Landlords