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Right to rent check 2026: step-by-step checks, docs & penalties

A practical right to rent check 2026 guide: documents, Home Office online check, follow-up checks, and the penalties for getting it wrong.

Right to rent check 2026 is a legal process you must complete before a tenancy starts in England. Do it properly and you get a statutory excuse against a civil penalty if your tenant later turns out not to have the right to rent. Do it badly (or not at all) and you risk a right to rent penalty and serious enforcement action.

This guide shows you exactly what to do: what you need, how to check right to rent documents or use the Home Office online check, when to do follow-up checks, and what records to keep.

What you’ll achieve by the end (right to rent check 2026)

By the end of this step-by-step process you will be able to:

  • Complete a compliant right to rent check 2026 for every adult occupier (18+)
  • Choose the correct method: document check, online check, or Landlord Checking Service
  • Record evidence properly to secure your statutory excuse
  • Schedule and complete follow-up checks where required
  • Avoid the most common errors that trigger a right to rent penalty
  • What you’ll need before you start

    Get these basics in place first:

  • The names and dates of birth for every adult who will live at the property (not just the lead tenant)
  • A plan for how you’ll check:
  • - Home Office online check (using a share code right to rent) or

    - Manual check of original documents (in person or via live video link with follow-up) or

    - Home Office Landlord Checking Service (LCS)

  • A secure place to store copies (GDPR compliant)
  • A clear “move-in timeline” so checks happen before the tenancy starts
  • Legal basis (in plain English): right to rent duties come from the Immigration Act 2014, strengthened by the Immigration Act 2016.

    Step-by-step: how to do a right to rent check 2026

    Follow these steps in order. This is the safest workflow for landlords and letting agents.

    1) Identify who must be checked (and when)

    Action: List every adult (18+) who will occupy the property as their only or main home.

    Tips:

  • Check all adult occupiers, including:
  • - Joint tenants

    - Partners who aren’t on the tenancy

    - Adult children or relatives

    - Lodgers (if the property is your only/main home, different rules apply — get specialist advice)

    Warning:

  • Do the check before the tenancy agreement starts. A check after move-in is too late to establish your statutory excuse.
  • 2) Choose the correct checking route (documents vs online vs LCS)

    Action: Decide which check applies to each person.

    Use this quick decision tree:

  • If the person can provide a share code right to rent → use the Home Office online check
  • If the person has acceptable original documents → do a manual document check
  • If the person can’t show documents/online status due to an outstanding Home Office matter → use the Landlord Checking Service
  • Tips:

  • Online checks are often faster and reduce copying/legibility issues.
  • Warning:

  • Don’t force someone down a route they can’t use. Your process must be consistent and non-discriminatory.
  • 3) If doing a manual check: obtain and inspect original right to rent documents

    Action: Ask for acceptable right to rent documents and check they appear genuine and belong to the holder.

    What you’re looking for:

  • The photo matches the person in front of you (or on a live video call)
  • Dates of birth are consistent across documents
  • Documents look untampered (no obvious alterations)
  • Permission to be in the UK is current (if time-limited)
  • Tips:

  • If you check over video, you must still get the original documents in your possession and complete the check properly (follow current Home Office guidance for the method you use).
  • Warning:

  • Never accept “photos on a phone” as your only evidence if you’re doing a manual check.
  • 4) If doing an online check: use the Home Office online check with a share code

    Action: Ask the tenant for a share code right to rent and their date of birth, then complete the Home Office online check.

    What to do:

  • Access the Home Office right to rent service
  • Enter the share code and date of birth
  • View the person’s right to rent result
  • Confirm the photo matches the person (in person or via live video)
  • Save the output (PDF or screenshot) showing the date/time
  • Tips:

  • Save the result immediately. You need proof of when you checked.
  • Warning:

  • An online check is only valid if you actually view the Home Office result and keep evidence. A share code sitting in your inbox proves nothing.
  • 5) Record the check properly (this is what protects you)

    Action: Create a record that shows:

  • Who you checked (full name)
  • What you checked (document type or online profile)
  • The date you did the check
  • The outcome (unlimited or time-limited right to rent)
  • Who completed it (you/your staff/agent)
  • For manual document checks, keep:

  • A clear copy/photo of each document
  • A note on the copy: “Right to rent check completed on [DATE]”
  • For online checks, keep:

  • The Home Office profile/result page output showing the check date
  • Tips:

  • Store records securely and consistently. If you ever face a compliance query, organised evidence wins.
  • Warning:

  • Poor record-keeping is one of the fastest ways to lose your statutory excuse, even if you did the check.
  • 6) Decide if a follow-up check is needed (and schedule it)

    Action: If the person has time-limited permission, you must do a follow-up check.

    Practical scheduling rules:

  • Set a reminder for the follow-up check before the permission expires (use a buffer so you’re not scrambling)
  • Repeat the check using the appropriate method at that time
  • Tips:

  • Build follow-up checks into your tenancy admin alongside other compliance dates (gas safety, EICR, inspections). Your future self will thank you.
  • Related reading that helps you systemise compliance: Landlord responsibilities UK: complete legal checklist

    Warning:

  • If you miss a required follow-up, you can lose your statutory excuse from that point onward.
  • 7) If the tenant can’t prove status: use the Landlord Checking Service (don’t guess)

    Action: If someone can’t provide acceptable documents or an online status (for example, they have an outstanding application/appeal), request a check through the Home Office Landlord Checking Service.

    What you’ll need:

  • The person’s details
  • Their Home Office reference (if they have one)
  • Tips:

  • Keep a copy of your request and the response. That evidence is part of your compliance file.
  • Warning:

  • Do not refuse solely because someone can’t produce a passport immediately. Use the correct route and keep your process fair.
  • 8) Apply the process consistently across applicants (avoid discrimination)

    Action: Use the same workflow for everyone and document your process.

    Good practice:

  • A standard “Right to Rent” checklist for every application
  • The same timeframes for requesting documents/share codes
  • The same storage and naming convention for evidence
  • Tips:

  • Pair this with your wider pre-tenancy process so checks don’t get missed: Tenant screening: a step-by-step UK landlord guide
  • Warning:

  • Selective checking based on nationality, accent, or name is a legal and reputational hazard.
  • Common variations and alternatives (what changes in real life)

    A right to rent check rarely happens in perfect conditions. Here are common scenarios and the compliant way to handle them.

  • Remote letting (tenant not local):
  • - Prefer the Home Office online check where possible

    - If manual checks are needed, follow the prescribed remote/manual method and keep strong evidence

  • Multiple adult occupiers joining at different times:
  • - Check each adult before they move in, not “when you get around to it”

  • Tenancy renewals and periodic tenancies:
  • - You don’t re-check everyone automatically; you re-check where permission was time-limited and a follow-up is due

  • Letting agent vs self-managing:
  • - Agree in writing who is responsible for checks and record-keeping

    - If you self-manage, make it part of your onboarding pack alongside the tenancy documents: Tenancy agreement: how to write one that protects landlords

    Troubleshooting: common right to rent problems (and what to do)

    Use this quick “if this, then that” list.

  • The share code doesn’t work
  • - Ask the tenant to generate a new code (they expire)

    - Double-check the date of birth entry

  • The Home Office online check shows time-limited permission
  • - Record the expiry date and schedule a follow-up check with a buffer

  • Documents look inconsistent (names differ, dates don’t match)
  • - Ask for supporting documents (e.g., deed poll, marriage certificate) and keep copies

    - If you can’t reconcile it, use the appropriate Home Office route rather than guessing

  • Tenant says they have an application pending and can’t show documents
  • - Use the Landlord Checking Service and keep the response

  • You forgot to do the check before move-in
  • - Do the check immediately and tighten your process. You may not have a statutory excuse for the period you missed, which increases exposure to a right to rent penalty.

    Penalties for non-compliance (what’s at stake)

    If you don’t carry out an immigration check landlord duty correctly, you expose yourself to enforcement.

    Key risks to understand:

  • Civil penalties: a right to rent penalty can be issued if you rent to someone disqualified from renting due to immigration status and you don’t have a statutory excuse.
  • Criminal liability: under the Immigration Act 2016, knowingly renting to a disqualified person is a criminal offence.
  • Knock-on business impact:
  • - Loss of insurer confidence

    - Agent/portfolio compliance issues

    - Time-consuming disputes and reputational damage

    The fix is boring but effective: do the check, record it properly, and diarise follow-ups.

    Streamlining right to rent check 2026 with AI

    Right to rent admin is easy to do once and annoying to do repeatedly across multiple properties. Abodient helps you standardise your workflow by automating tenant requests for share codes/documents, chasing missing items, and reminding you about follow-up check dates, so your compliance file stays complete without living in your inbox.

    Frequently Asked Questions

    Do I need to do a right to rent check on every adult occupier?

    Yes. You must check every adult (18+) who will live at the property as their only or main home, not just the person named on the tenancy.

    What are the main right to rent documents I should ask for?

    It depends on the person’s status. Some tenants will use original documents; many will use the Home Office online check instead. You must follow the Home Office list/guidance for acceptable right to rent documents and keep copies or online evidence.

    How does the share code right to rent process work?

    The tenant generates a share code and gives it to you with their date of birth. You run the Home Office online check, confirm the photo matches the person, and save the result as evidence.

    When do I need follow-up checks?

    You need follow-up checks when the tenant has time-limited permission to rent. Diarise the follow-up before their permission expires and keep fresh evidence.

    What happens if I get it wrong?

    If you can’t prove you completed the check correctly and on time, you risk a right to rent penalty and, in serious cases, criminal enforcement for knowingly renting to someone disqualified.

    Right to rent check 2026 compliance isn’t complicated — it’s procedural. Do the check before move-in, keep clean evidence, and diarise follow-ups. That’s how you stay protected and sleep at night.