If you let a home in England, you must check that the people who will live there have the right to rent before the tenancy starts. The check is quick once you know the steps, but the rules changed on 1 October 2026, when a new Home Office code of practice came into force. This checklist walks through who to check, how to check them, when to check again and what records to keep.
Right to Rent applies in England only. There is no Right to Rent check requirement in Scotland, Wales or Northern Ireland. This is general information, not legal advice. Always follow the official guidance linked below.
The current official documents
Three Home Office documents set the rules from 1 October 2026:
- the code of practice for landlords and their agents, seventh version, published 30 June 2026 and in force from 1 October 2026
- the code of practice on avoiding unlawful discrimination when carrying out checks
- the landlord's guide to right to rent checks, dated 1 October 2026
Checks you carried out before 1 October 2026 are judged against the code that was in force at the time.
Step 1: work out who to check
- [ ] Check every adult aged 18 or over who will live in the property as their only or main home.
- [ ] Include adults who are not named on the tenancy, such as a partner or an adult child.
- [ ] Check everyone in the same way. Checking only people you think are not British is unlawful.
Treating every applicant the same is also your best protection against a discrimination complaint.
Step 2: choose the right way to check
There are four routes. Which one you use depends on the person and their documents.
Original documents (List A or List B)
- [ ] Ask for original documents from the acceptable lists in the landlord's guide.
- [ ] List A is for people with an unlimited right to rent, including British and Irish citizens. One document from List A Group 1, or two from List A Group 2, is needed.
- [ ] List B is for people with a time-limited right to rent.
- [ ] Check the documents with the holder present, either in person or on a video call.
Home Office online service (share code)
- [ ] Use the online service for anyone with an eVisa. It is the only way to check an eVisa holder.
- [ ] Biometric residence permits and cards are no longer accepted.
- [ ] British and Irish citizens cannot get a share code, so use original documents or a digital provider for them.
Registered digital verification provider
- [ ] If you want a digital identity check on a British or Irish passport, use a registered Right to Rent Digital Verification Service Provider. The October 2026 code requires a registered provider for these checks.
Landlord Checking Service
- [ ] Use the Home Office Landlord Checking Service where someone has an outstanding application or appeal, or cannot get a share code.
Step 3: check at the right time
- [ ] For an unlimited right to rent, you can check at any time before the tenancy begins.
- [ ] For a time-limited right to rent, check no earlier than 28 days before the tenancy starts.
Step 4: keep the right records
- [ ] Keep a clear copy of each document that cannot be edited, or the online check result.
- [ ] Record the date you made the check.
- [ ] Keep the records for the tenancy and at least one year after it ends, then destroy them securely.
These are personal data, so store them securely and only for as long as the rule requires. Our tenant screening checklist covers data protection for the rest of your referencing.
Step 5: diary follow-up checks
If someone has a time-limited right to rent, your protection (the "statutory excuse") does not last for ever.
- [ ] It lasts until the later of: 12 months from your check, the end of the person's permission, or the expiry of their document.
- [ ] Carry out a follow-up check before it runs out. The online service shows the follow-up date.
- [ ] If the Landlord Checking Service gives a positive answer, or does not reply within 2 working days, your excuse lasts 12 months.
What happens if you get it wrong
The Home Office can issue civil penalties for each occupier without the right to rent:
| Occupier | First breach | Repeat within 3 years |
|---|---|---|
| Lodger | up to £5,000 | up to £10,000 |
| Tenant or other occupier | up to £10,000 | up to £20,000 |
A first-breach penalty can be reduced by 30% if paid within 21 days. Knowingly letting to someone without the right to rent, or having reasonable cause to believe they do not have it, is a criminal offence with up to five years' imprisonment.
FAQ
What do I need for a Right to Rent check?
You need either original documents from List A or List B, a share code for the Home Office online service, a check through a registered digital verification provider, or an answer from the Landlord Checking Service.
Are Right to Rent checks a legal requirement?
Yes, for lets in England. Landlords must check every adult who will live in the property as their main home. The rules do not apply in Scotland, Wales or Northern Ireland.
Do I need to check British citizens?
Yes. Every adult occupier must be checked in the same way. British and Irish citizens cannot get a share code, so check their original documents or use a registered digital verification provider.
How long should I keep Right to Rent records?
Keep them for the tenancy and at least one year after it ends, then destroy them securely.
Keep your checks consistent
The Ashlar Ledger Tenant Screening pack includes a Right to Rent checklist for England, set up as a pass or fail gate alongside a scorecard that asks every applicant the same questions. View the Tenant Screening pack
Our Renters' Rights Act deadlines tracker for England, which records Right to Rent follow-up dates across your lets, is coming soon.
This is not legal advice. Rules checked against official sources on 10 November 2026. Ashlar Ledger: figures you can build on.