How to do a right to rent check: documents, share codes and how long to keep the records

In England, right to rent is a landlord duty for residential lettings, but it is not a UK-wide landlord check. The practical aim is to create a statutory excuse before letting, then keep clear evidence of the check.

Do landlords have to check the immigration status of everyone living in the property?

In England, landlords must check every adult who will occupy under the tenancy, whether or not they are named as a tenant, but they do not check children. The statutory duty is aimed at adults with no right to rent: “A landlord must not authorise an adult to occupy premises under a residential tenancy agreement if the adult is disqualified as a result of their immigration status.” The Act also defines a relevant occupier as “any adult who occupies premises under the agreement (whether or not named in the agreement).” That means HMO immigration checks are not limited to the person signing the room agreement if another adult will live there. The Home Office code is explicit that under-18s are outside the scheme: “This Scheme does not apply to children.” In practice, identify all adult occupiers before the tenancy starts and check each adult’s right to rent evidence.

Do right to rent checks apply in Scotland, Wales and Northern Ireland?

Right to rent checks apply to residential premises in England only; they do not apply in Scotland, Wales or Northern Ireland. The 2016 commencement order brought the Immigration Act 2014 landlord provisions into force on “1st February 2016 in respect of premises located in England,” and Home Office operational guidance states: “The scheme does not operate in Northern Ireland, Scotland and Wales.” That is why a check right to rent UK answer needs a jurisdiction split: an agent based in Cardiff, Edinburgh or Belfast still needs to consider right to rent if the property being let is in England, but not for property in Wales, Scotland or Northern Ireland. A later statutory power to extend residential-tenancy immigration provisions exists, but the legislation page still marks that provision as prospective: “This version of this provision is prospective.”

How do you carry out a right to rent check?

In England, carry out a right to rent check by using the Home Office online service, checking accepted original documents manually, or using the Landlord Checking Service where the rules require it. The prescribed online route is that “the landlord or agent uses the Home Office online right to rent checking service in respect of an occupier or prospective occupier,” while a manual right to rent check must include reasonable steps to identify extra adults: “take all reasonable steps to identify any additional occupants of the property at the time the occupier or prospective occupier enters into the residential tenancy agreement.” If the tenant has no accepted documents and no valid share code, GOV.UK says: “you must use the landlord’s checking service to request a Home Office right to rent check.” No legislation sets a landlord fee for the check itself; OpenRent’s £30 referencing fee is a market service charge, not a Home Office legal fee.

What documents count as proof of right to rent?

In England, proof of right to rent is either an accepted original document, a valid Home Office online check, or a Landlord Checking Service response in the cases where that route applies. A British passport can work even if expired: “A passport (current or expired) showing that the holder is a British citizen or a citizen of the United Kingdom and Colonies having the right of abode in the United Kingdom.” An Irish passport or passport card can also be current or expired: “A passport or passport card (in either case, whether current or expired) showing that the holder is an Irish citizen.” If relying on List A(2), the Order requires “two documents listed in List A(2) in the Schedule to this Order,” and the Order defines document as an original: “document means an original document.” BRP, BRC and Frontier Worker Permit holders are different: they “are only able to evidence their right to rent using the Home Office online service.” Wales, Scotland and Northern Ireland have no right to rent document-check duty.

How do you check a tenant's right to rent using a share code?

In England, check a tenant’s right to rent using a share code by entering the tenant’s 9-character code and date of birth into the Home Office online right to rent checking service, then saving the result. The legislation describes the service as the “electronic system operated by the Home Office allowing landlords or agents to check whether a person has a right to rent in the United Kingdom and, if so, the nature of any restrictions on that person’s right to do so.” Home Office guidance says: “Individuals using the service will generate a 9-character long share code that can be passed on to a landlord, which, when entered alongside the individual’s date of birth, enables the landlord to access their right to rent information.” The same guidance says: “The share code will be valid for 90 days from the point it has been issued and can be used as many times as needed within that time.” British and Irish citizens cannot get a share code, and you cannot insist on online proof where accepted original documents are available.

What do you do if the tenant has no share code?

In England, if the tenant has no share code, first check whether they can use accepted original documents; use the Landlord Checking Service only where the Home Office route applies. GOV.UK puts the simple no-share-code case this way: “If the tenant does not have the right documents or a valid share code, you must use the landlord’s checking service to request a Home Office right to rent check.” The statutory code is narrower in tone, saying: “In certain circumstances, a landlord may need to contact the Home Office Landlord Checking Service (LCS) to verify an individual’s right to rent and establish a statutory excuse.” One common LCS case is where the Home Office holds the passport during an application or appeal. If the LCS fails to respond within 48 hours, excluding weekends and specified holidays, the Order allows the landlord to proceed as though a Positive Right to Rent Notice had been issued. Credas and Yoti-style ID services may be sold by sales call rather than a published one-off price, but that is not a statutory fee.

How long do you have to keep right to rent check records?

In England, keep right to rent check records for at least one year after the tenancy agreement ends; there is no statutory destruction deadline in the Order. For manual checks, the Order requires the landlord or agent to “retain a clear and legible copy or copies securely for a period of not less than one year after the residential tenancy agreement has come to an end.” For online checks, the same one-year floor applies: “the landlord or agent retains a clear copy of the online right to rent check for a period of not less than one year after the residential tenancy agreement has come to an end.” Treat that as a minimum retention period, not a command to destroy the file exactly one year later. The Home Office’s later landlord guide says copies must be destroyed, but the Order sets only the legal floor. Wales, Scotland and Northern Ireland have no right to rent record-keeping duty. Abodient can store right to rent evidence against the tenancy record, which matters because the tenancy end date controls the one-year minimum.

What is the penalty for not doing a right to rent check?

In England, the first-breach civil penalty actually levied is £5,000 per lodger or £10,000 per occupier, reduced under the Faster Payment Option to £3,500 per lodger or £7,000 per occupier. The Home Office code says: “If a landlord has not previously been in breach of the Scheme, they will be subject to the lower penalty amounts of £5000 per lodger or £10,000 per occupier.” It also says the Faster Payment Option reduces the amount “from £10,000 to £7,000 per occupier (in the case of a tenant) or from £5,000 to £3,500 per occupier (in the case of a lodger).” The statutory ceiling is higher — “the amount must not exceed £20,000” — but that is not the normal first-breach figure. Prison is not the penalty for a mere missed check: GOV.UK says imprisonment can apply where you rented in England to someone you “knew or had ‘reasonable cause to believe’ did not have the right to rent in the UK.”

Do you have to retrain staff each time the Home Office updates the acceptable document list?

No law requires landlords or agents in England to retrain staff every time the Home Office updates the acceptable document list, although staff should work from the current list when doing checks. The legal standard for spotting a false document is not specialist training: the code says “Reasonably apparent” means something an “untrained” person examining the document carefully but briefly, without technological aids, could be expected to realise. Home Office landlord guidance encourages training for digital verification processes, but it is not a retrain-on-every-update rule: “The landlord is encouraged to provide appropriate training and guidance to their staff.” The practical policy is to refresh procedures when the acceptable document list changes, keep the current Home Office checklist or online route in use, and record what was checked. In Wales, Scotland and Northern Ireland there is no right to rent scheme, so there is no right to rent staff-retraining duty.

Last reviewed August 2026.

Sources

• Immigration Act 2014 s.22 — “A landlord must not authorise an adult to occupy premises under a residential tenancy agreement if the adult is disqualified as a result of their immigration status.” Source
• Immigration Act 2014 s.22 — “relevant occupier”, in relation to a residential tenancy agreement, means any adult who occupies premises under the agreement (whether or not named in the agreement). Source
• Home Office Code of Practice on Right to Rent, 13 February 2024 — “This Scheme does not apply to children.” Source
• Immigration Act 2014 (Commencement No. 6) Order 2016 art.2 — “The day appointed for the coming into force of the following provisions of the Immigration Act 2014 is 1st February 2016 in respect of premises located in England so far as not already in force—” Source
• Home Office right to rent operational guidance — “The scheme does not operate in Northern Ireland, Scotland and Wales.” Source
• Immigration Act 2016 s.42 — “This version of this provision is prospective.” Source
• Immigration (Residential Accommodation) (Prescribed Requirements and Codes of Practice) Order 2014 art.5B — “the landlord or agent uses the Home Office online right to rent checking service in respect of an occupier or prospective occupier;” Source
• Immigration (Residential Accommodation) (Prescribed Requirements and Codes of Practice) Order 2014 art.5 — “take all reasonable steps to identify any additional occupants of the property at the time the occupier or prospective occupier enters into the residential tenancy agreement.” Source
• GOV.UK, Check a tenant’s right to rent documents — “If the tenant does not have the right documents or a valid share code, you must use the landlord’s checking service to request a Home Office right to rent check.” Source
• OpenRent FAQ — “The landlord will pay £30 per reference requested.” Source
• Immigration (Residential Accommodation) (Prescribed Requirements and Codes of Practice) Order 2014 Schedule — “A passport (current or expired) showing that the holder is a British citizen or a citizen of the United Kingdom and Colonies having the right of abode in the United Kingdom.” Source
• Immigration (Residential Accommodation) (Prescribed Requirements and Codes of Practice) Order 2014 Schedule — “A passport or passport card (in either case, whether current or expired) showing that the holder is an Irish citizen.” Source
• Immigration (Residential Accommodation) (Prescribed Requirements and Codes of Practice) Order 2014 art.4 — “two documents listed in List A(2) in the Schedule to this Order;” Source
• Immigration (Residential Accommodation) (Prescribed Requirements and Codes of Practice) Order 2014 art.2 — “document” means an original document; Source
• Home Office Code of Practice on Right to Rent, 13 February 2024 — “Biometric Residence Card (BRC), Biometric Residence Permit (BRP) and Frontier Worker Permit (FWP) holders are only able to evidence their right to rent using the Home Office online service.” Source
• Immigration (Residential Accommodation) (Prescribed Requirements and Codes of Practice) Order 2014 art.2 — “Home Office online right to rent checking service” means the electronic system operated by the Home Office allowing landlords or agents to check whether a person has a right to rent in the United Kingdom and, if so, the nature of any restrictions on that person’s right to do so; Source
• Home Office right to rent document checks user guide — “Individuals using the service will generate a 9-character long share code that can be passed on to a landlord, which, when entered alongside the individual’s date of birth, enables the landlord to access their right to rent information.” Source
• Home Office right to rent document checks user guide — “The share code will be valid for 90 days from the point it has been issued and can be used as many times as needed within that time.” Source
• GOV.UK, View a tenant’s right to rent — “British and Irish citizens cannot get a share code.” Source
• GOV.UK, Check a tenant’s right to rent documents — “If your tenant can prove their right to rent using an accepted, original document, you cannot insist they use the online service instead.” Source
• Home Office Code of Practice on Right to Rent, 13 February 2024 — “In certain circumstances, a landlord may need to contact the Home Office Landlord Checking Service (LCS) to verify an individual’s right to rent and establish a statutory excuse.” Source
• Home Office right to rent document checks user guide — “If your passport is with the Home Office due to an ongoing immigration application or appeal, your prospective landlord can request verification of your right to rent from the Home Office Landlord Checking Service.” Source
• Immigration (Residential Accommodation) (Prescribed Requirements and Codes of Practice) Order 2014 art.6 — “If the Landlord Checking Service fails to respond to a request made by a landlord or agent under article 4(b) or article 5A(1)(b) for confirmation of an occupier or prospective occupier’s eligibility to occupy private residential accommodation within a period of 48 hours, not including Saturdays or Sundays, Christmas Day or Good Friday, or any day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971(1), then the landlord or agent may proceed as though the Landlord Checking Service had issued a Positive Right to Rent Notice.” Source
• Immigration (Residential Accommodation) (Prescribed Requirements and Codes of Practice) Order 2014 art.5 — “retain a clear and legible copy or copies securely for a period of not less than one year after the residential tenancy agreement has come to an end;” Source
• Immigration (Residential Accommodation) (Prescribed Requirements and Codes of Practice) Order 2014 art.5B — “the landlord or agent retains a clear copy of the online right to rent check for a period of not less than one year after the residential tenancy agreement has come to an end.” Source
• Home Office landlord guide to right to rent checks — “The copies must then be securely destroyed.” Source
• Home Office Code of Practice on Right to Rent, 13 February 2024 — “If a landlord has not previously been in breach of the Scheme, they will be subject to the lower penalty amounts of £5000 per lodger or £10,000 per occupier.” Source
• Home Office Code of Practice on Right to Rent, 13 February 2024 — “Where the landlord qualifies for the FPO, the final penalty amount will be reduced from £10,000 to £7,000 per occupier (in the case of a tenant) or from £5,000 to £3,500 per occupier (in the case of a lodger).” Source
• Immigration Act 2014 s.23 — “The amount of the penalty is such an amount as the Secretary of State considers appropriate, but the amount must not exceed £20,000.” Source
• GOV.UK, Penalties for illegal renting — “You could be sent to prison for 5 years or get a fine for renting property in England to someone who you knew or had ‘reasonable cause to believe’ did not have the right to rent in the UK.” Source
• Home Office Code of Practice on Right to Rent, 13 February 2024 — “Reasonably apparent” means: where a person who is untrained in the identification of false documents, examining it carefully, but briefly, and without the use of technological aids could reasonably be expected to realise that the document in question is not genuine. Source
• Home Office landlord guide to right to rent checks — “The landlord is encouraged to provide appropriate training and guidance to their staff, for example, on what information they must obtain from a DVS to confirm verification of identity, what the information can be used for, and the additional steps they must take to establish eligibility to rent.” Source