Right to Rent Checks: England-Only Landlord Rules (2026)

The Right to Rent scheme requires private landlords in England to check that every adult occupier has the right to live in the UK before a tenancy starts. It applies in England only, not Wales, Scotland or Northern Ireland, and checks must be done the same way for everyone.

Information last verified on 18 July 2026. This guide is general legal information, not immigration or legal advice.

Jurisdiction scope: This guide covers the Right to Rent scheme, which applies to private landlords in England only. Wales, Scotland and Northern Ireland run their own tenancy law and have not commenced this scheme, so this page does not apply there. It is general information, not immigration or legal advice.

What is the Right to Rent scheme?

The Right to Rent scheme was introduced by section 22 of the Immigration Act 2014, which makes it a legal requirement for a private landlord in England to check that an adult has the right to rent before letting them occupy a property. A person is "disqualified" if they do not have permission to be in the UK, or their permission bars them from renting. The scheme was piloted in five West Midlands council areas from 1 December 2014, then extended across England from 1 February 2016, where it has applied ever since. It applies whatever kind of tenancy is granted, including the periodic assured tenancy that replaced the assured shorthold tenancy in England from 1 May 2026, and the check must happen before the tenancy starts, not after the tenant has moved in.

Who has to be checked

Every adult aged 18 or over who will live in the property as their main home must be checked, not just the person who signs the tenancy agreement. That includes a partner, adult child, or any other occupier, whether or not they pay rent or appear on the paperwork, and it applies even where there is no written tenancy agreement at all. A landlord must check everyone the same way. It is against the law to check only the people a landlord assumes are not British citizens, or to skip a check because someone looks or sounds British. The duty falls on the landlord, though a letting agent can be asked to carry out the check on the landlord's behalf.

How a landlord checks your right to rent

There are three ways to do a right to rent check. The first is a manual check of original documents: the landlord, or an agent, checks the document in the tenant's presence, confirms it is genuine and belongs to the tenant, and keeps a dated copy. The second is the online service at GOV.UK: a tenant with a digital immigration status, such as an eVisa or settled status, generates a share code, valid for 90 days, and gives it, with their date of birth, to the landlord, who checks it on the right-to-rent service and gets a live result from the Home Office. The third is a check through a certified Identity Service Provider, which can verify a British or Irish passport holder's identity digitally using facial matching instead of seeing the physical passport.

What documents show the right to rent

The right document depends on a person's status. A British or Irish passport shows an unrestricted right to rent, with no follow-up check ever needed. A passport, travel document or Home Office letter showing indefinite leave to remain also needs no follow-up check. Where permission to stay is time-limited, such as a biometric residence permit or an eVisa, the document shows the right to rent only until that permission expires, and a follow-up check is required later. Some people, including certain Commonwealth citizens without standard immigration documents, can instead show two documents together, such as a full birth or adoption certificate and a document carrying a National Insurance number, to establish a long-standing right to be in the UK. Where there is doubt about which route applies, the Home Office's landlord checking service can confirm status.

Follow-up checks if your permission is time-limited

A landlord does not have to repeat a check once it has confirmed someone has an unlimited right to rent, such as a British or Irish passport holder. Where a tenant's permission is time-limited, the landlord must do a follow-up check before whichever is later: the date the tenant's permission expires, or 12 months after the previous check. If a follow-up check shows the tenant no longer has the right to rent, the landlord must report this to the Home Office; failing to report it can lead to a fine, or up to 5 years in prison, if the tenant turns out to have been disqualified. A landlord is not expected to become an immigration expert, only to follow the correct check and reporting process and act on what the Home Office confirms.

Penalties for landlords who get it wrong

Renting to someone who is disqualified can lead to a civil penalty, even where the landlord did not know. A first breach is up to £5,000 for a lodger in the landlord's own home, or up to £10,000 for a tenant in separate rented accommodation. A repeat breach doubles those amounts, up to £10,000 and £20,000. Carrying out, and keeping evidence of, the correct check is normally a defence to a civil penalty, which is why the checking process matters as much as the outcome. Separately, a landlord who knew, or had "reasonable cause to believe", that a tenant did not have the right to rent commits a criminal offence, which can carry up to 5 years in prison, a fine, or both. These penalties apply to landlords in England; a landlord letting a property in Wales, Scotland or Northern Ireland is not subject to this scheme at all.

Right to Rent checks and discrimination

A right to rent check must be carried out in exactly the same way for every prospective tenant, regardless of nationality, ethnicity, accent or how long they have lived in the UK. The government's code of practice for landlords sets out how to avoid unlawful discrimination, and treating someone less favourably because a different checking route applies to them, refusing to rent to someone because checking their status feels complicated, or assuming British citizenship from appearance or accent, can amount to unlawful discrimination under the Equality Act 2010. A tenant who believes they were refused a tenancy for a discriminatory reason, rather than a genuine right to rent check, may be able to bring a discrimination claim. A landlord who checks everyone consistently, and keeps records of each check, is best placed to show a decision was based on the scheme, not on assumptions about the tenant.

Right to Rent applies in England only

The Right to Rent scheme is a creation of the Immigration Act 2014 and has only ever been commenced for private landlords in England. Wales, Scotland and Northern Ireland run entirely separate systems for tenancy types: occupation contracts, the Private Residential Tenancy, and private tenancies, and none of them has adopted a Right to Rent immigration check. A landlord letting a property in Cardiff, Glasgow or Belfast is not required to carry out a right to rent check under this scheme, and should not assume GOV.UK guidance written for England applies to their property. If a person rents in Wales, Scotland or Northern Ireland, their landlord's obligations come from that nation's own tenancy law and any separate immigration rules, not from this scheme.

Frequently asked questions

This page is general information about the Right to Rent scheme in England, verified on 18 July 2026. It is not immigration or legal advice, and how the scheme applies depends on the facts of a specific tenancy. For advice, contact Citizens Advice, Shelter, or a regulated immigration adviser. For related guides, see UK tenant rights, tenancy types explained, assured shorthold tenancy, and the United Kingdom law hub.