Right to rent check: what landlords must do

Before a tenancy starts, landlords in England must check that every adult who will live in the property has the right to rent. A new Home Office code of practice applies from 1 October 2026: if someone has an eVisa, you must check it online.

Who to check and when

  • Every adult (18 or over) who will live in the property as their only or main home, named on the tenancy or not.
  • Before the tenancy agreement is entered into. For someone with time-limited permission, no earlier than 28 days before the tenancy starts.
  • Follow-up checks for people with time-limited permission, before it expires.

Three ways to check

MethodUse it for
Home Office online check (share code)People with an eVisa (compulsory for them from 1 October 2026) or other digital status. Check someone's right to rent
Manual document checkPeople with acceptable documents from the code's List A or List B (for example a British or Irish passport). See in person or by live video with originals, then copy
Right to rent digital verification service provider (DVSP)Valid British or Irish passports (including the Irish passport card), and some documents supplied digitally by the issuer, via a certified provider

Right to rent fines

BreachPer lodgerPer occupier
First breach£5,000£10,000
Repeat breach within 3 years£10,000£20,000

The 1 October 2026 code adds a fast payment option: a 30% reduction if paid within 21 days. A properly done check gives you a statutory excuse against a penalty.

Keep records

Keep copies of the documents or the online check result, with the date of the check, for the whole tenancy and for one year after it ends.

Treat every applicant the same way and check everyone, to avoid discrimination. Since 1 May 2026, you also cannot refuse tenants because they have children or receive benefits.

Questions landlords ask

What is a right to rent check?

A check a landlord or agent in England must make before a tenancy starts, to confirm every adult who will live in the property as their only or main home has the right to rent. It applies whether or not they are named on the tenancy agreement.

How do I do a right to rent check online with a share code?

Ask the person for a share code and their date of birth, then use GOV.UK’s “Check someone’s right to rent” service. From 1 October 2026, where someone has an eVisa you must use this online service.

What are the right to rent fines?

For a first breach: up to £5,000 per lodger and £10,000 per occupier. For a repeat breach within 3 years: up to £10,000 per lodger and £20,000 per occupier. Under the 1 October 2026 code, paying within 21 days can reduce the penalty by 30%.

How long must I keep right to rent records?

For the whole tenancy and for one year after it ends.

Do I need to re-check tenants?

Only people with time-limited permission. You must make a follow-up check before their permission runs out. People with unlimited right to rent do not need re-checking.

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Sources

Last checked 28 Sep 2026. Information, not legal advice. Official pages change; follow the source link before you act.