TL;DR: Right to Rent checks require landlords and agents in England to verify that prospective tenants have lawful immigration status before granting a tenancy. Checks now rely heavily on eVisa records and Home Office share codes. Non-compliance can result in civil penalties of up to £20,000 per lodger or occupier, or criminal prosecution in serious cases.
Introduction
Right to Rent checks form a permanent part of the UK’s immigration compliance framework, requiring landlords and letting agents in England to confirm that individuals have the legal right to occupy rented property before a tenancy begins. Since the scheme’s introduction under the Immigration Act 2014, and following subsequent amendments extending penalties and digitising the verification process, Right to Rent checks have become a routine but legally significant obligation for anyone letting residential property. With the Home Office’s continued rollout of eVisas and digital share codes replacing physical immigration documents, the mechanics of conducting a compliant check have shifted substantially in recent years, making accurate understanding of the current process essential for landlords, agents and tenants alike.
This article sets out, in reference form, exactly which tenancies and parts of the UK fall within scope of Right to Rent checks, how digital verification through eVisa and share codes operates, what follow-up and retrospective checks require, and the civil and criminal penalty regime that applies where landlords fail to comply.
What is a Right to Rent Check?
A Right to Rent check is a statutory verification process requiring landlords, or agents acting on their behalf, to confirm that an adult intending to occupy rented residential property in England has lawful immigration status permitting them to rent. The check must be carried out before a tenancy agreement is granted and involves either examining original identity documents or verifying status online using a Home Office share code. Landlords who fail to carry out a compliant check before letting a property to a person without the right to rent may face a civil penalty, regardless of whether they were aware of the occupier’s immigration status.
Which Tenancies and Areas Are in Scope?
Geographic Scope: England Only
Right to Rent checks currently apply only to residential tenancies in England. The scheme has not been extended to Scotland, Wales or Northern Ireland, meaning landlords letting property outside England are not subject to these particular statutory obligations, although other immigration and tenancy laws may still apply.
Tenancy Types Covered
The scheme applies broadly to most residential tenancy agreements, including assured shorthold tenancies, lodging arrangements, and sub-letting situations where a tenant grants occupation rights to another individual. According to the Home Office guidance, landlords must check every adult who will live in the property as their only or main home, not solely the named tenant on the agreement.
The Home Office states that a landlord must check the immigration status of all adult occupiers, including those not named on the tenancy agreement, before granting a right to occupy.
Certain arrangements are excluded from the scheme, including local authority accommodation, care homes, hospices, refuges, and student accommodation provided directly by an educational institution, as these fall under separate regulatory arrangements. Long residential leases exceeding seven years and certain holiday lets are also generally outside scope, though landlords should refer to official guidance for arrangement-specific detail.
How Do eVisa and Share Code Checks Work?
The Shift to Digital Verification
The Right to Rent checking process has moved decisively toward digital verification as the Home Office phases out physical biometric residence permits and biometric residence cards in favour of eVisas — online immigration status records. Individuals with an eVisa can no longer rely on a physical document alone to prove their status; instead, they generate a share code through the Home Office’s online ‘view and prove’ service, which landlords use to verify status digitally.
Conducting a Share Code Check
A share code is a nine-character alphanumeric reference that a prospective tenant provides to a landlord or agent, who then enters it, together with the tenant’s date of birth, into the official Home Office online checking service. The system returns a real-time confirmation of the individual’s right to rent, including any date-limited conditions attached to their status. According to the published guidance, landlords must retain evidence of this check, typically a copy or screenshot of the online result, for the duration of the tenancy and for a further period afterwards.
Manual Document Checks Remain Available
For individuals who hold British or Irish citizenship, or who possess certain other acceptable original documents, a manual check involving physical documents remains valid. Landlords must view the original document in the presence of the holder, check it is genuine and unaltered, and retain a clear copy.
Follow-Up and Retrospective Checks: Why Do They Matter?
Where a tenant’s immigration status is time-limited, landlords do not discharge their obligations with a single check at the start of the tenancy. Instead, a follow-up check must be conducted before the individual’s current permission expires, to confirm continuing lawful status. Failure to carry out a timely follow-up check can result in the loss of the landlord’s statutory excuse against a civil penalty.
According to the updated guidance, follow-up checks must be conducted no later than the expiry date of the tenant’s current immigration permission, or within twelve months of the initial check for those with time-limited status where no fixed expiry applies.
Retrospective checks became relevant during the transition period when the Home Office initially permitted continued reliance on expired physical documents, such as expired biometric residence permits, for individuals migrating to eVisa status. Landlords who conducted checks correctly at the time, using documents valid when checked, retain their statutory excuse even where those documents later expired, provided a follow-up check is subsequently carried out using the eVisa share code system.
The Civil Penalty Regime and the Statutory Excuse
Civil Penalties for Non-Compliant Landlords
Landlords who let property to an adult without the right to rent, without having conducted a compliant check, may face a civil penalty issued by the Home Office. Penalty levels have increased substantially in recent years and are calculated per lodger or occupier without the right to rent.
Civil penalties can reach up to £20,000 per lodger or occupier for repeat breaches, with lower first-breach penalties applying in some circumstances, according to Home Office enforcement guidance.
The Statutory Excuse
Landlords who carry out a Right to Rent check correctly, in line with the prescribed manual or digital process, and retain appropriate evidence, establish a statutory excuse against liability for a civil penalty even if the individual is later found not to have the right to rent. This excuse is central to the compliance regime, as it shifts the practical burden onto landlords to demonstrate the check was properly performed and documented, rather than requiring proof the tenant genuinely lacked status at the time.
Criminal Liability
In more serious cases, particularly where a landlord knowingly or with reasonable cause to believe lets property to a person disqualified by immigration status, criminal offences under the Immigration Act 2014 and related legislation may apply, carrying potential imprisonment and unlimited fines upon conviction.
Implications for Landlords and Letting Agents
Letting agents and landlords operating in England must build Right to Rent verification into standard tenant referencing procedures, ensuring checks are completed before granting occupation rather than retrospectively. Agents acting on a landlord’s behalf can conduct checks under an agreed written agreement, but ultimate liability may still rest with the landlord unless responsibility is clearly delegated in writing. Given the shift to eVisa and share codes, landlords are encouraged by official guidance to familiarise themselves with the online checking service, since reliance on outdated physical documents alone may no longer satisfy the statutory excuse requirements for many applicants.
Frequently Asked Questions
Q: Do Right to Rent checks apply across the whole of the UK? A: No. Right to Rent checks currently apply only to residential tenancies in England; Scotland, Wales and Northern Ireland are not covered by this scheme.
Q: What is a share code used for in a Right to Rent check? A: A share code is a unique reference generated by a tenant through the Home Office online service, which landlords use to verify immigration status digitally rather than relying on physical documents.
Q: What happens if a landlord fails to carry out a Right to Rent check? A: A landlord who lets property to someone without the right to rent, without having conducted a compliant check, may face a civil penalty of up to £20,000 per occupier, or criminal prosecution in serious cases.
Q: Do landlords need to check British citizens? A: Yes. All adult occupiers must be checked, including British and Irish citizens, though these individuals can typically be verified using an original passport or other acceptable document via a manual check.
Q: How often must follow-up checks be carried out? A: Follow-up checks must generally be conducted before a tenant’s time-limited immigration permission expires, or within twelve months of the previous check where no fixed expiry date applies.
Key Takeaways
- Right to Rent checks apply only to residential tenancies in England, not the rest of the UK.
- Landlords must check every adult occupier, not just the named tenant, before granting occupation.
- Digital share code checks via the Home Office online service have largely replaced reliance on physical documents amid the eVisa rollout.
- Follow-up checks are mandatory for tenants with time-limited status to maintain the landlord’s statutory excuse.
- Civil penalties for non-compliance can reach £20,000 per occupier, with criminal liability possible in serious cases.
Conclusion
Right to Rent checks remain a significant and evolving compliance obligation for landlords and letting agents across England. The ongoing shift toward eVisa records and digital share codes has changed the practical mechanics of verification, while the underlying civil penalty regime and statutory excuse framework continue to place clear responsibility on landlords to check, document and periodically re-verify tenants’ immigration status. Understanding these obligations remains essential for anyone letting residential property in England.