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:
What you’ll need before you start
Get these basics in place first:
- 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)
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:
- 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:
2) Choose the correct checking route (documents vs online vs LCS)
Action: Decide which check applies to each person.Use this quick decision tree:
Tips:
Warning:
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:
Tips:
Warning:
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:
Tips:
Warning:
5) Record the check properly (this is what protects you)
Action: Create a record that shows:For manual document checks, keep:
For online checks, keep:
Tips:
Warning:
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:
Tips:
Related reading that helps you systemise compliance: Landlord responsibilities UK: complete legal checklist
Warning:
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:
Tips:
Warning:
8) Apply the process consistently across applicants (avoid discrimination)
Action: Use the same workflow for everyone and document your process.Good practice:
Tips:
Warning:
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.
- Prefer the Home Office online check where possible
- If manual checks are needed, follow the prescribed remote/manual method and keep strong evidence
- Check each adult before they move in, not “when you get around to it”
- You don’t re-check everyone automatically; you re-check where permission was time-limited and a follow-up is due
- 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.
- Ask the tenant to generate a new code (they expire)
- Double-check the date of birth entry
- Record the expiry date and schedule a follow-up check with a buffer
- 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
- Use the Landlord Checking Service and keep the response
- 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:
- 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.
