Right to Rent Checks — A London Landlord Guide for 2025
Right to Rent checks are a legal requirement for all private landlords in England. Getting them wrong carries civil penalties of up to £20,000 per occupier. This guide explains exactly what to check, how to document it, and common mistakes.
What Is Right to Rent?
Right to Rent is a legal requirement under the Immigration Act 2014, which requires private landlords in England to check that all adult occupants of their residential property have the legal right to reside in the UK before granting a tenancy. Failure to check correctly, or renting to someone without the right to rent, can result in civil penalties.
Who Must Be Checked
All adults (18+) who will occupy the property as their main home must be checked before the tenancy starts — not just the named tenant on the tenancy agreement. This includes:
- All named tenants
- Adult family members moving in with a named tenant
- Permitted occupiers (adults staying in the property with the tenant's permission)
You do not need to check: children under 18, people with a separate main home, guests staying temporarily.
What Documents to Accept
The Home Office provides a current list of acceptable documents at GOV.UK. They fall into two categories:
List A — unlimited right to rent (one document required, no follow-up check needed):
- UK or Irish passport (current or expired)
- UK Biometric Residence Permit (BRP) showing unlimited leave
- Passport or travel document from any country with an endorsement showing indefinite leave to remain
- UK Birth Certificate plus a proof of National Insurance number
List B — time-limited right to rent (follow-up check required before expiry):
- Current passport with a current, time-limited visa
- BRP showing limited leave to remain
- Share Code from the Home Office online checking service (for EU, EEA and Swiss nationals with settled or pre-settled status)
Digital Right to Rent Checks
Since April 2022, digital Right to Rent checks using an Identity Document Validation Technology (IDVT) service are available for UK and Irish citizens — allowing the check to be completed remotely without seeing the physical document. For non-UK/Irish citizens, the Home Office online share code service is the primary digital route.
Manual document checks (seeing originals in person) remain valid for all nationalities.
How to Document the Check
- Take a clear copy (photocopy or high-quality photograph) of the relevant page(s) of every document checked
- Record the date the check was carried out
- Keep the copies for the full duration of the tenancy plus one year after it ends
- For List B checks: note the expiry date and diarise a follow-up check before that date
Penalties for Non-Compliance
The Illegal Migration Act 2023 increased civil penalties significantly:
- First offence: up to £10,000 per occupier (increased from £5,000)
- Repeat offence within three years: up to £20,000 per occupier (increased from £10,000)
The penalty applies even if you did not know the occupier had no right to rent — failure to check is itself the offence.
Frequently asked questions
Do I need to do Right to Rent checks for UK citizens?
Yes — Right to Rent checks apply to all tenants regardless of nationality. For UK citizens, a UK passport (current or expired), or a birth certificate plus National Insurance number evidence, satisfies the check. You cannot skip the check for anyone, regardless of where they appear to be from.
What happens if a tenant refuses to provide documents for Right to Rent?
Do not grant the tenancy. If a prospective tenant cannot or will not provide the required documents, you must not let the property to them or face the civil penalty. You can refer them to the Landlord Checking Service at the Home Office if there is a genuine complication with their documents.
How long do I need to keep Right to Rent check records?
For the duration of the tenancy plus one year after it ends. Store securely — these are sensitive personal documents. If you manage the property through a letting agent, they may conduct the checks on your behalf, but you should confirm this is in their service agreement.
Do Right to Rent rules apply to HMOs?
Yes — Right to Rent checks apply to every adult occupant in every type of privately rented residential accommodation, including HMOs. Each individual room let in an HMO requires the occupant to be checked separately, including any adult family members or permitted occupiers staying in that room.