Right to Rent checks for landlords in England

The law requires everyone renting out property in England to check whether their tenants are legally allowed to live in the UK. This applies to:

• Landlords renting out a property
• Anyone renting out a room to a lodger(s)

The "Right to Rent" became law in England on February 1, 2016. If you have tenants that pre-date this, you are not required to perform checks.

Where the rules apply

• England – checks are required
• Wales, Scotland, Northern Ireland – no legal requirement

The law applies to all rental agreements, whether written or verbal. Even without a signed tenancy agreement, landlords must carry out a right to rent check.

Penalties for non-compliance

Renting to someone without the right to live in the UK can result in:

• A civil penalty fine for each tenant
• Criminal charges, including possible imprisonment

How to carry out Right to Rent checks

You must check all prospective tenants aged 18 and over who will live in the property as their only or main home, even if:

• They are not named on the tenancy agreement
• There is no written tenancy agreement

Steps for landlords

1. Identify tenants – Confirm which adults (over 18) will live in the property as their only or main home.
2. Request documents – Ask for original documents proving the right to live in the UK.
3. Verify authenticity – Check that documents are genuine, valid, and belong to the tenant. The tenant must be present for this.
4. Keep records – Copy the documents and record the date of the check.

Important: If the tenant is only allowed to stay in the UK for a limited time, you need to do the check in the 28 days before the start of the tenancy.

Home Office resources

The Home Office provides a guide to checking documents on the gov.uk website, plus:

• Full details of how to check
• What to do if your tenant doesn't have the right to live in the UK
• Penalties for renting illegally
• A simple tool to help you through the process

Common questions

Do I need to check existing tenants?

No. Only new tenants and lodgers need to be checked.

What if the tenancy is verbal?

Checks are required regardless of whether there is a written agreement.

What happens if I do not check?

You may be fined or face criminal penalties if you rent to someone without the right to rent.