Key Takeaways
- Every landlord in England has to check that each adult occupier has the legal right to rent before the tenancy begins. This only applies in England.
- Get it wrong and the civil penalty is up to £10,000 per occupier for a first breach, rising to £20,000 for repeat breaches.
- Knowingly renting to someone with no right to rent is a criminal offence, carrying up to five years in prison.
- Check every prospective tenant the same way, whatever their nationality. Singling people out risks a discrimination claim.
- Carrying out the check correctly and keeping dated evidence gives you a statutory excuse, which is your defence if a tenant turns out to have no right to rent.
You’ve found a tenant, the references look fine and you’re ready to hand over the keys. Then you remember the Right to Rent check, and you’re not entirely sure you are doing it properly. Sound familiar? That nagging doubt is worth listening to, because this is one of the easiest landlord duties to overlook and one of the most expensive to get wrong.
The penalties are serious, and they went up sharply in 2024. But the good news is that the process itself is straightforward once you know the steps. Doing it correctly protects you even if a tenant later turns out to have no right to be here.
This guide explains exactly what the duty is and how to carry out a compliant check, plus what happens if you skip it. If you’d rather talk your own situation through, Osbourne Pinner offers a free 30-minute consultation with a landlord and tenant solicitor. You can also read our guide to how much notice a landlord has to give for the wider set of landlord duties.
What is the Right to Rent scheme?
Right to Rent was introduced by the Immigration Act 2014 and rolled out across England in 2016. It places a legal duty on every private landlord to confirm that each adult who will live in the property as their only or main home has the legal right to rent in the UK. The idea is to keep the private rented sector closed to people without lawful immigration status.
The scheme only applies in England though. Landlords in Wales, Scotland and Northern Ireland are not subject to it at all, so this guide is solely for property in England.
Who has to be checked?
Every adult who will occupy the property as their main home, even if they aren’t named on the tenancy agreement. That is the part that catches people out. Beyond the lead tenant, it’s everyone aged 18 or over who is going to live there.
Crucially, you should check everyone in exactly the same way, regardless of nationality, accent or how long they say they’ve lived here. If you only ask certain people for documents, based on how they look or sound, it’s discrimination. That can lead to a separate claim against you. So, consistency is the safe approach to protect both you and your tenants.
How do you carry out a check?
There are three valid ways to check, depending on the tenant’s status.
- A manual document check: You see the original documents from the Home Office lists, check them with the person present and keep clear dated copies.
- The Home Office online service: Most non-UK nationals now prove their status with a share code, which you verify through the GOV.UK check a tenant’s right to rent service.
- Identity document validation technology (IDVT): British and Irish passport holders can be checked digitally through a certified provider.
Whichever method applies, the point is the same. Keep a clear, dated record of what you checked and when. That record is what protects you later.
What is a statutory excuse?
This is the concept that makes the whole thing worth doing properly. If you carry out a correct check and keep the evidence, you have what the law calls a statutory excuse. That means if a tenant later turns out to have no right to rent, you’re still protected from the civil penalty, because you did what was required of you.
Skip the check or do it carelessly, and you lose that protection. While it might seem like a formality, the check is your defence.
Follow-up checks
If a tenant has time-limited permission to be in the UK, you need to do a follow-up check. This is timed to whichever comes first:
- The expiry of their permission, or:
- Twelve months from your last check
The simplest habit is to diarise the follow-up date the moment you complete the first check, so it doesn’t slip.
If a follow-up shows the tenant no longer has the right to rent, your duty is to report it to the Home Office. Don’t worry, you’re not required to evict them yourself. However, continuing to let to someone you know has no right to rent, without reporting it, is where criminal liability can arise.
What are the penalties?
The civil penalties were increased significantly in 2024, and they are per person, which is what makes them add up fast.
- Up to £5,000 per lodger and £10,000 per occupier for a first breach.
- Up to £10,000 per lodger and £20,000 per occupier for repeat breaches.
On top of that, knowingly renting to someone who has no right to rent is a criminal offence. The same if you had reasonable cause to believe it. It carries up to five years in prison and an unlimited fine. While these might sound like theoretical numbers, the Home Office really does enforce them.
How does the Renters’ Rights Act affect this?
In force since 1st May 2026, The Renters’ Rights Act 2025 doesn’t change the Right to Rent scheme itself. The duty to check, the three methods and the penalties are all unchanged. What it adds is a possession route.
Where a tenant loses the right to rent during a tenancy and the Home Office serves the relevant notice, a landlord can seek possession under Ground 7B (one of the Section 8 grounds). So, Right to Rent now connects into the possession framework in a way it didn’t used to.
Talk to a landlord and tenant solicitor at Osbourne Pinner
If you want to be sure your Right to Rent process is watertight, or you’re facing a civil penalty notice, our landlord and tenant solicitors can help. We are a multi-office firm with solicitors in London (Piccadilly and Canary Wharf), Harrow and Manchester, and we advise private landlords on their obligations and on defending penalty notices. Our immigration team can also advise where a tenant’s status is genuinely unclear.
We offer a free 30-minute consultation with a landlord and tenant solicitor, Monday to Friday, with no obligation. It costs nothing to check you are getting the process right. We do not offer Legal Aid.
Call us on 0203 983 5080, message us on WhatsApp, or email [email protected] to arrange your consultation.
Please note that this article is for informational purposes only and does not constitute legal advice. We always recommend speaking to a qualified solicitor for advice tailored to your specific circumstances.
