Right to Rent checks for landlords

Why it matters

Civil penalties rose sharply in 2024 to up to £5,000 per lodger and £10,000 per occupier for a first breach, and up to £20,000 and £40,000 for repeat breaches. Knowingly letting to a disqualified person is a criminal offence.

Legal requirements

• Check every adult occupier, not just the named tenant, before the tenancy start date.
• Record the check with dated copies retained for the tenancy plus one year.
• Carry out a follow-up check when time-limited permission expires.
• Apply checks consistently to avoid discrimination claims — the Home Office code of practice is the benchmark.

Common mistakes

• Checking only the lead tenant.
• Accepting a photograph or scan for a manual check instead of the original document.
• Missing a follow-up check date for time-limited permission.
• Asking only foreign-sounding applicants for documents — this is unlawful discrimination.

Practical guidance

• Prefer the online share code route where available — it produces a dated, auditable Home Office response.
• Store the check evidence against the tenant record so it forms part of your audit trail.
• Diarise follow-up checks at the same time you record the original check.
• Note that Right to Rent does not apply in Wales, Scotland or Northern Ireland.