Every England landlord, letting agent or guarantor-arranger must complete a Right to Rent check on every adult who will occupy a rental property as their only or main home — before the tenancy begins.
Missing a check, or doing it wrongly, can cost you up to £20,000 per illegally-let adult under the civil penalty regime uplifted in 2024. In the most serious cases (where a landlord knew or had reasonable cause to believe a tenant had no right to rent), the criminal offence carries up to 5 years imprisonment.
The scheme changed substantially in recent years. Since 1 October 2022, digital checks via IDVT providers replaced in-person document checks for British and Irish citizens. In 2026, most Right to Rent compliance is fully digital — but it’s also become harder to defend a penalty appeal if you skipped the process. This guide covers what’s required, the four check types, how IDVT works, what to retain and for how long, and the rules around re-checks and reporting.
Scope note: Right to Rent applies only in England. Scotland, Wales and Northern Ireland do not have the scheme. If you let across borders, only the England properties carry the duty.
Who must do a Right to Rent check?
The responsible party
The duty sits with the "landlord" as defined in the Immigration Act 2014. This includes:
If you use a letting agent, you can shift the responsibility to them — but only if the written management contract expressly states the agent is the "responsible checker" under the Immigration Act. Without that wording, the duty stays with you.
Who you must check
Every adult (18+) who will occupy the property as their only or main home. This includes:
You do not check minors under 18, short-stay guests (under 3 months on a verifiable holiday basis), or anyone in hostel/refuge / care accommodation / ongoing social-housing transfers where the council handles checks.
The four Right to Rent check types
1. Manual check (British/Irish citizens, passport in hand)
In-person (or video call if the documents are in the possession of the applicant during the call). Take clear copies (both sides, all pages) of:
Record:
Retain for at least 1 year after the tenancy ends.
Verdict: still legal, but most landlords have moved to IDVT for speed and audit-trail quality.
2. Digital IDVT check (British/Irish citizens, 2022+)
Use a Home Office certified IDVT provider — see the GOV.UK "List of certified identity service providers" for the current approved list. Popular names in 2026: Credas, Yoti, TrustID, Onfido, Persona, typically £3–£8 per check.
Workflow:
Retain the report for at least 1 year after the tenancy ends.
The IDVT report provides you a statutory excuse against a civil penalty — if you also obtained the IDVT provider’s certification statement and the check was conducted in line with the IDVT code of practice.
3. Home Office online service (non-British/Irish)
For visa holders, EU Settlement Scheme holders, BNO visa holders, frontier workers, eVisa holders, etc.:
If the right to rent is time-limited, note the expiry date for a follow-up check.
4. Home Office Landlord Checking Service (rare)
Used where the tenant doesn’t hold documents allowing the above checks (e.g., an outstanding in-time application, appeal pending, certain Home Office referrals). You complete an online request to the Home Office; they respond within typically 5 working days with a Yes or No decision. Their response provides your statutory excuse.
The £20,000 penalty regime (2024 uplift)
Civil penalty levels
Since 13 February 2024, civil penalties uplifted dramatically:
| Offence | First breach | Repeat breach (within 3 years) |
|---|---|---|
| Landlord (private) — first lodger/occupant | £5,000 | £10,000 |
| Landlord (private) — per occupant | £10,000 | £20,000 |
| Letting agent — per occupant | £5,000 / £10,000 | £10,000 / £20,000 |
These are per illegally-let adult, so a family of 4 with no right to rent can generate penalties well in excess of £50,000.
Criminal offence
Where a landlord knew or had reasonable cause to believe that an occupant did not have the right to rent, a criminal offence can apply, punishable by up to 5 years imprisonment and/or unlimited fine (Immigration Act 2016 s.39).
How to earn the statutory excuse
You are protected from a civil penalty if you:
Miss any of the four and your statutory excuse is broken.
Follow-up checks and time-limited right to rent
When a follow-up is required
If the original check showed a time-limited right to rent, you must conduct a follow-up before the earlier of:
How to do the follow-up
Usually via the Home Office online service with a fresh share code. Retain the new confirmation.
If the follow-up check fails
If the tenant cannot demonstrate a continuing right to rent:
Reporting is a legal lifeline, not a threat: it preserves your defence against a later civil penalty.
The Right to Rent check in 6 practical steps
Here’s the real-world workflow for an England landlord in 2026:
Step 1: At viewing stage
Ask the prospective tenant informally whether they hold a British/Irish passport, EU Settlement Scheme status, or a UK visa. Knowing this early lets you plan the check type.
Step 2: Before issuing the tenancy
Trigger the appropriate check:
Step 3: Record the check
Save the IDVT report or Home Office confirmation to your document vault with the tenant’s name, check type, date, and any expiry date. This is the audit trail that will matter if a civil penalty letter arrives in 12 months.
Step 4: Confirm timeline for follow-ups
If time-limited, add a calendar reminder 30 days before expiry to conduct the follow-up.
Step 5: Move-in
Check is complete. Original can be served as part of the tenancy starter pack if you want but it’s not required.
Step 6: End of tenancy
Retain all records for at least 1 year after the tenancy ends (many landlords keep 6 years to align with Self Assessment retention).
Common mistakes that break the statutory excuse
Data protection and discrimination
Data protection
The IDVT report and Home Office confirmations contain personal data and biometric data — handle as per UK GDPR. You must have a lawful basis (legal obligation) and a privacy notice explaining what you do with it. Retain for the statutory period (1 year minimum after tenancy end) and delete thereafter. See our tenant privacy notice guide.
Discrimination risk
The Equality Act 2010 applies. You must check every adult — not only those you perceive as "foreign". Selective checking based on accent, name, or appearance can found a direct discrimination claim. Check everyone, the same way, every time.
FAQs
Does the letting agent still need a Right to Rent check if I’ve already done one?
No double-checking required. If the agent is the "responsible checker" under the management contract, only the agent checks. If you’re the responsible checker, only you check. Two of you doing the same check is legally unnecessary but harmless.
Can I do the check by video call in 2026?
For British/Irish citizens — no, use IDVT (the Covid-era temporary video-check concession ended). For non-British/Irish — the online Home Office service is digital anyway. Video call is only useful as part of an overall workflow (e.g., receiving photo ID documents on a call before triggering an IDVT link).
Do I have to recheck existing tenants?
Only if the original check was time-limited and a follow-up is now due. You do not re-check tenants whose original right to rent was permanent (British/Irish/ILR holders).
What if the tenant refuses to do an IDVT check?
Explain it’s the same check an employer uses for Right to Work — common and low-risk. If they still refuse, you can revert to a manual in-person check. Don’t let a tenant’s discomfort with technology become your legal exposure.
What if I discover an existing tenant doesn’t have right to rent?
Do not take unilateral action. Report to the Home Office via the illegal-immigration reporting service to preserve your statutory excuse. Then consider Section 8 possession if the situation continues. Do not change locks or harass — illegal eviction carries separate criminal penalties.
Related reading
Start your 7-day LetCompliance trial to store every Right to Rent report, share-code confirmation and follow-up reminder in one tamper-evident, audit-ready vault.
Frequently asked questions
Is Right to Rent checking still mandatory in England in 2026?
Yes. The Immigration Act 2014 (as amended) still requires every landlord (or their agent) letting residential accommodation in England to check the immigration status of every adult who will occupy the property as their only or main home, before the tenancy starts. It is not required in Scotland, Wales or Northern Ireland. Failure carries a civil penalty up to £20,000 per tenant since 2024, plus possible criminal prosecution (up to 5 years) where you knew or had reasonable cause to believe.
Can I do Right to Rent checks fully online in 2026?
Mostly, yes. For British and Irish citizens you can use a certified IDVT provider (Identity Document Validation Technology) to verify a passport digitally. For non-British/Irish nationals you must use the Home Office online right-to-rent service (tenant supplies a share code). Manual document checks still apply for those without biometric passports or digital identity. Always retain the Home Office confirmation / IDVT report for at least 1 year after the tenancy ends.
What are IDVT providers and do I have to use one?
IDVT = Identity Document Validation Technology. Since 1 October 2022, to conduct digital Right-to-Rent checks for British/Irish citizens you must use a Home Office certified IDVT provider (e.g., Credas, Yoti, TrustID, Onfido, Persona). The check produces a digital identity verification report which you retain as evidence. Fees typically £3–£8 per check. IDVT is optional — you can still do in-person manual checks — but it is usually faster and more defensible in a penalty appeal.
What happens if my tenant’s right to rent expires during the tenancy?
You must conduct a follow-up check before the earlier of expiry or the share-code validity end date. If the tenant fails the follow-up check, you must report to the Home Office within a reasonable period (typically immediately). Reporting provides a statutory excuse against a civil penalty even if the occupant later turns out not to have the right to rent. Failure to report breaks your statutory excuse.