Right to rent checks in England

Right to rent checks apply to relevant residential letting in England. They are not a UK-wide requirement to copy into Welsh, Scottish or Northern Ireland tenancy procedures. ^[1]

Select the permitted checking route

Identify every adult whose occupation requires checking, even if their name is not the lead name on the agreement. Use the appropriate online, document or Landlord Checking Service route for the person's circumstances.

Follow the current Home Office instructions for identity matching and retaining evidence. A photograph of a share code is not the same as completing the online check and preserving its result.

Avoid selective checks

Apply the process consistently without choosing people by name, accent or apparent nationality. Record any time-limited permission and required follow-up date. Do not reject an applicant merely because the usual document route is unavailable where an official alternative exists.

Compliance records should include the check outcome and responsible person. Property jurisdiction resolves whether the scheme applies at all. Agree the agent's checking responsibilities in writing and verify that the required evidence can be produced.

Identify the adults and the accommodation first

Establish who will occupy the property as their main home, including adults who are not named as the lead tenant. The Home Office guidance applies to relevant residential occupation in England and lists accommodation categories requiring separate consideration or exemption. It also requires a consistent approach rather than checks selected by perceived nationality. ^[1] Record why the arrangement falls within the checking process. A landlord operating elsewhere in the UK should not import the English scheme simply because an applicant has an overseas passport.

Explain the process to applicants in practical terms: what information is needed, which accepted routes may be available and who will handle it. Do not infer status from accent, surname, appearance or the country in which a previous reference was obtained. Where applicants use different lawful evidence routes, consistent treatment means applying the correct requirements to each person, not forcing everyone to produce an identical document. Give a person a reasonable opportunity to resolve an administrative issue through the official route before treating it as evidence of no entitlement.

Use evidence appropriate to the person's route

The current GOV.UK instructions distinguish original document checks, permitted digital verification and the Home Office online service. For an online check, use the applicant's share code to obtain the official result and match it to the person. Merely saving the share code message is not the completed check. The guidance also explains that biometric residence cards or permits cannot be accepted as physical proof for this purpose and that British and Irish citizens do not obtain share codes. ^[2]

For a document route, consult the current acceptable evidence requirements and carry out the prescribed identity and authenticity checks. A photocopy supplied by someone else should not be treated as an original-document check without the necessary process. If names differ, identify the supporting explanation and relevant evidence rather than assume either fraud or an automatic match. Ask for help through the Home Office guidance where the document position is unclear. A letting agent's familiarity with a passport design is not a substitute for following the applicable checking instructions.

Resolve unclear results through the checking service

Some applicants may need the Landlord Checking Service, for example where the Home Office holds their documents or an application or appeal is outstanding. Follow the current instructions for that route and retain the actual response. ^[2] A pending immigration matter should not be resolved by a landlord inventing their own legal conclusion from an incomplete email. Identify the information the service requires, explain any delay to the applicant and keep the decision about the letting connected to the verified result and applicable guidance.

If an online service fails, distinguish a technical problem from a result showing no right to rent. Record the attempt and use the official support route. Do not ask the applicant for passwords or access to an unrelated personal account. Where a representative assists them, confirm what authority and information are necessary for the check. A landlord should maintain a clear record of the difficulty and resolution, so a later reviewer can see why a decision was reached rather than encounter a bare note saying documents rejected.

Retain proof and organise the next check

Save the required evidence of the completed check, the date and the identity of the person who carried it out. For an online check, the official guidance requires retaining the profile result during the tenancy and for one year afterwards. ^[2] Restrict access to the records and avoid placing identity material in a general maintenance folder. Keep the evidence readable after an agent or software change, because a property reference and a tick saying checked will not reproduce the underlying result when it is needed.

Where a follow-up is required, calculate it under the current rules and record the basis, rather than using a generic annual reminder or the expiry printed on an unrelated document. Allocate responsibility if an agent is undertaking checks under a written arrangement, and obtain evidence of completion. If circumstances change or a later result creates concern, seek the appropriate official and legal guidance before taking action affecting occupation. The completed process should show a lawful evidence route, a reasoned result and any necessary future step for each relevant adult.