Right to Rent is a legal requirement for all residential landlords in England. Introduced under the Immigration Act 2014, it requires landlords to verify that every adult occupant aged 18 or over has the legal right to rent property in the UK before a tenancy begins. The fine for non-compliance is now up to £3,000 per occupant.
This Right to Rent checklist for 2026 covers every stage of the process: which documents to accept, how to conduct the check, what records to keep, and what the penalties are if you get it wrong.
Important: Right to Rent checks apply in England only. The scheme does not currently apply in Scotland, Wales, or Northern Ireland. If you let property in those areas, different rules apply.
What Is Right to Rent and Who Must Comply?
Right to Rent is the legal requirement for residential landlords — and their agents — to check that a person has the right to live in the UK before letting them occupy a residential property.
The scheme applies to:
- All private landlords letting residential property in England.
- Letting agents acting on a landlord's behalf.
- Anyone subletting a property.
- Anyone taking in a lodger.
It applies to every adult occupant — not just the named tenant on the tenancy agreement. If a couple moves in together and only one is named on the tenancy, you still need to check the Right to Rent of both individuals if both are 18 or over.
There are limited exceptions (such as social housing tenants and some categories of student accommodation), but for the vast majority of private residential lettings, the check is required.
The Right to Rent Checklist 2026
The Home Office divides acceptable documents into List A (unlimited right to rent) and List B (time-limited right to rent).
List A — Unlimited Right to Rent
A tenant who presents a List A document has an unlimited right to rent. You need to check and copy the document once and are not required to conduct any follow-up checks.
Group 1 — Single document sufficient:
| Document | Notes | |---|---| | UK passport (current or expired) | Including British Nationals (Overseas) passport | | Irish passport or passport card | Current or expired | | Certificate of registration or naturalisation | As a British citizen |
Group 2 — Combination of two documents required:
| Document A | Document B | |---|---| | UK birth or adoption certificate | UK National Insurance number + letter from HMRC, DWP, or employer confirming NI number | | Letter from HM Passport Office confirming right to a British passport | Not required alongside Group 1 |
EU Settlement Scheme — Settled Status (issued under Appendix EU): Check using the online share code service at gov.uk/landlords-immigration-check. This is a List A right — no follow-up needed.
List B — Time-Limited Right to Rent
A tenant who presents a List B document has a time-limited right to rent. You must conduct the initial check, set a reminder in your calendar for a follow-up check before the document expires, and re-check at that point.
Common List B documents include:
| Document | Follow-up required | |---|---| | Biometric Residence Permit (BRP) with limited leave | Before expiry date on card | | Visa in a current non-UK/Irish passport | Before visa expiry date | | EU Settlement Scheme Pre-Settled Status | Before expiry of Pre-Settled Status | | Certificate of Application for EU Settlement Scheme | Within six months, or on Home Office notification | | Home Office letter confirming outstanding immigration claim | Within six months, or on resolution |
If a List B tenant's leave expires and they have not provided evidence of a renewal, you must report this to the Home Office using the Landlord Reporting Tool.
How Do You Conduct a Right to Rent Check? Step by Step
1. Ask Every Adult Occupant
Write to (or message) the prospective tenant before the tenancy start date asking every adult who will live in the property to provide Right to Rent documents. Do this for every adult, not just the named tenant.
2. Request the Correct Documents
Ask for a document from List A or List B above. Do not ask for a specific document type (for example, do not say "I need your passport") — this could constitute discriminatory behaviour. Ask for "documents that show you have the right to rent in England" and provide the full list.
3. Verify the Documents Are Genuine
In-person check: Examine original documents in person. Satisfy yourself that:
- The document is genuine (not a photocopy or obviously altered).
- The photograph resembles the person in front of you.
- The dates and personal details are consistent across all documents.
- Any expiry dates have not passed (except UK/Irish passports for British/Irish nationals, which are valid even if expired).
Video call check: Since August 2020, you can conduct Right to Rent checks via live video call. Share the document list in advance; the tenant holds each original document up to the camera during the call so you can check it clearly. Keep a record of the date and method of the check.
Online share code check: For tenants with a share code (most EEA nationals, asylum seekers, visa holders), use the gov.uk online check. Enter the share code and the tenant's date of birth to see their immigration status. Print or screenshot the result and keep it on file.
Digital Right to Rent (British and Irish nationals): Since April 2022, you can use a certified Identity Service Provider (IDSP) — such as Yoti, TrustID, or similar — to check the Right to Rent of British and Irish nationals digitally. The IDSP verifies the document's authenticity and confirms the person's identity remotely.
4. Copy and Date Every Document
Keep a clear copy of every document you check. For physical documents, photograph or scan both sides. For online checks, keep the printed or downloaded result. Record:
- The date you conducted the check.
- The document type checked.
- Whether the result was List A (unlimited) or List B (time-limited).
- If List B: the expiry date and your calendar reminder for the follow-up check.
5. Set Reminders for Time-Limited Checks
For every List B tenant, set a calendar reminder at least 2 months before the document's expiry date. When the reminder fires, contact the tenant and ask for updated evidence of their continued right to rent. If they cannot provide it, you have a legal obligation to report to the Home Office.
What Are the Fines for Not Doing Right to Rent Checks?
As of April 2024, the civil penalty structure is:
| Offence | Civil penalty | |---|---| | Letting to someone who has no right to rent | Up to £3,000 per occupant | | Second or subsequent offence | Up to £3,000 per occupant | | Knowingly letting to a person without right to rent | Criminal prosecution possible |
Both the landlord and any letting agent involved in the let can be held jointly liable. A landlord who appoints an agent and delegates the Right to Rent check to them is only protected from liability if there is a written agreement that the agent will carry out the check.
The Home Office has confirmed that civil penalties have been increasing year-on-year as the scheme matures. Landlords who conduct checks correctly and keep proper records are protected even if a tenant's documents later turn out to be fraudulent — provided the forgery was not reasonably apparent.
How Long Do You Need to Keep Right to Rent Records?
You must retain all Right to Rent records:
- During the entire tenancy, regardless of length.
- For at least 12 months after the tenancy ends.
Records to keep include:
- Copies of all documents checked.
- The date of each check.
- Online check results (printed or screenshot).
- The name and signature of the person who conducted the check.
- For List B: records of all follow-up checks.
Store records securely. Digital records encrypted and access-controlled are preferable to paper copies. Remember that Right to Rent records contain personal data — they are subject to GDPR requirements, including the right of tenants to request access to data held about them.
Are Digital Right to Rent Checks Fully Accepted?
Yes — digital Right to Rent checks are fully accepted under UK law for two categories of check:
Online share code checks have been available since 2018 and cover EEA nationals and most visa holders. The Home Office's online system is the definitive source of truth for immigration status.
Identity Service Provider (IDSP) checks have been available since April 2022 for British and Irish nationals who wish to have their Right to Rent checked without attending in person. An IDSP uses certified document-scanning technology to verify the authenticity of a passport or driving licence and confirm the person's identity via a biometric check (selfie comparison). You must use a certified IDSP — the Home Office maintains a list of certified providers.
How CompliLet Automates Right to Rent Checks
Conducting Right to Rent checks correctly requires following the correct process for each document type, setting follow-up reminders, and maintaining a compliant record. For self-managing landlords handling multiple properties or tenancies simultaneously, this administration accumulates quickly.
CompliLet conducts Right to Rent checks automatically as part of the tenant screening process. When a tenant is contacted via WhatsApp, the AI requests the correct documents, validates them using Home Office classification criteria, conducts or facilitates the appropriate check (in-person, video, or share code), and generates a timestamped Right to Rent compliance certificate for each tenant — ready for your records.
For List B tenants, CompliLet's compliance autopilot sets automatic reminders and conducts follow-up checks at the right time, without any action needed from the landlord. See pricing for plan details.
Frequently Asked Questions
Does Right to Rent apply to British citizens?
Yes. Right to Rent checks must be carried out on all adult prospective tenants and occupants regardless of nationality, including British and Irish citizens. British and Irish passport holders satisfy the check with their passport (List A, Group 1). From April 2022, you can use a certified Identity Service Provider (IDSP) to conduct digital Right to Rent checks for British and Irish nationals.
What is the fine for not doing a Right to Rent check?
As of April 2024, the civil penalty for a landlord who lets to someone without the right to rent in the UK is up to £3,000 per occupant. Both the landlord and any letting agent involved in letting the property can be held liable. In cases of knowing and deliberate non-compliance, criminal prosecution is also possible.
What is the difference between List A and List B documents?
List A documents evidence an unlimited right to rent — typically a British or Irish passport, or settled status under the EU Settlement Scheme. If a tenant presents a List A document, no follow-up check is ever needed. List B documents evidence a time-limited right to rent — typically a biometric residence permit, a visa, or a pre-settled status document. For List B tenants, you must set a follow-up reminder and re-check before the document's expiry date.
How do I check Right to Rent for an EU national?
EU, EEA, and Swiss nationals who arrived in the UK before 31 December 2020 should have applied to the EU Settlement Scheme. If they have Settled Status, this is a List A right (unlimited). If they have Pre-Settled Status, this is a List B right (time-limited). You check their status using their share code at gov.uk/landlords-immigration-check — you cannot rely on an EU passport alone from 1 July 2021 onwards.
How long do I need to keep Right to Rent records?
You must keep a record of every Right to Rent check for the duration of the tenancy and for at least 12 months after the tenancy ends, even if the check revealed unlimited right to rent. Records should include a copy of each document checked, the date the check was conducted, and the result.