Right to rent checks in 2026: what every landlord must verify
Right to rent checks are not part of the Renters' Rights Act - they are a separate Home Office immigration control that has applied to landlords in England since 2016, and they still apply to every new tenancy today. Before you hand over keys, you must check that every adult who will live in the property as their only or main home is legally entitled to rent it. Get the check right and you have a complete defence if it later turns out someone was not entitled to be there. Skip it, or get it wrong, and the penalties are steep. Here is what the check actually involves in 2026, now that biometric cards have been phased out in favour of digital status.
Who has to check, and when
- You, as the landlord - or your letting agent, only if you have specifically instructed them in writing to carry out the check on your behalf.
- Every adult occupier, not just the person named as tenant - anyone over 18 who will live there as their main home needs checking, including a partner or adult child moving in with the tenant.
- Before the tenancy starts. The check must be done, and evidenced, before the occupier takes up residence. A check carried out after they move in gives you no statutory excuse for the period before it was done.
- England only. The right to rent scheme has not been commenced in Scotland, Wales or Northern Ireland - it applies to private rented tenancies in England.
Three ways to carry out the check
| Method | Who it suits | Excuse lasts |
|---|---|---|
| Manual - List A document | British/Irish citizens, or settled/indefinite status on a current or expired passport | Continuous - no follow-up needed |
| Manual - List B document | Time-limited permission shown on a passport or Home Office document | 12 months or until expiry, whichever is later, then repeat |
| Home Office online check | Anyone with digital status - an eVisa, including former biometric card holders | As shown on the result; follow-up date given if needed |
| IDVT (certified provider) | British/Irish passport holders who prefer a digital identity check | Same as the equivalent manual check |
The documents that no longer work
Physical biometric residence permits and cards, current or expired, are discontinued and cannot be used. EEA and Swiss national ID cards and passports, and EU settlement residence documents, are also no longer accepted. Anyone affected needs a UKVI account to access their eVisa, then a right to rent share code (it always starts with the letter R) from the "Prove your right to rent in England" service on GOV.UK. You check that code and their date of birth using the separate "View a tenant's right to rent in England" service - that is the step that gives you the statutory excuse, not simply being shown the code on their phone. A share code is valid for 90 days from issue and can be reused within that window.
If a prospective tenant has an outstanding Home Office application or appeal and their digital profile has not caught up, use the Landlord Checking Service instead - you will need their Home Office reference number, and should get a clear yes or no back within two working days.
Who is exempt from the scheme
A handful of accommodation types fall outside the right to rent scheme entirely, so no check is needed. These include social housing allocated by a local authority, accommodation provided under a homelessness duty or for asylum support, hostels and refuges run by social landlords or charities on a non-commercial basis, care homes, hospices and hospitals, leases granted for seven years or more, genuine holiday lets, and student accommodation provided directly by a university or college (private halls can also qualify if they sign up to an approved code of practice).
Getting it wrong
A correctly completed check, made and evidenced before the tenant moves in, gives you a statutory excuse - a full defence even if it later emerges the person did not actually have the right to rent, provided the documents were not obviously false. Without it, a civil penalty of up to £10,000 per occupier applies for a first breach, rising to £20,000 for a repeat within three years (£5,000 and £10,000 for a lodger). Knowingly letting to someone disqualified, or continuing once you know, is a criminal offence under section 33A of the Immigration Act 2014, carrying up to five years' imprisonment. Keep dated copies of whatever you checked for the length of the tenancy and at least a year after it ends, then destroy the file securely.
The right to rent check is just one line on a longer list - see our landlord compliance checklist for everything else to do before a tenant moves in, and our written statement of terms guide for the document you must hand over alongside it. Both feed straight into a properly drafted tenancy agreement.
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Prepare my tenancy agreement →Frequently asked questions
Do I need to do a right to rent check for a lodger? Yes. Lodgers sit outside the Renters' Rights Act's tenancy protections, but the right to rent scheme is a separate immigration control and still covers them, at a lower penalty band than a full tenant.
Can I still accept a biometric residence permit? No. Biometric residence permits and cards, current or expired, are discontinued documents. The holder must prove their right to rent through the online share code service instead.
How long is a right to rent share code valid for? 90 days from the date it is generated, reusable as many times as needed within that window. It always begins with the letter R.
What happens if I do not carry out a right to rent check? You lose your statutory excuse and risk a civil penalty of up to £10,000 per occupier (or £5,000 per lodger) for a first breach, doubling for a repeat breach within three years - and knowingly letting to someone disqualified is a criminal offence carrying up to five years' imprisonment.
This guide is general information for landlords in England, not legal advice for your specific circumstances. Check the current guidance on GOV.UK before relying on any right to rent check.