Right to Rent is an England-only scheme. The Home Office guidance that took effect on 1 October 2026 says landlords and agents must check every adult who will occupy a property as their only or main home, regardless of nationality. The purpose is to establish a statutory excuse against a civil penalty if an occupier is later found not to have the right to rent. A general identity check or tenant reference is not a substitute unless it follows the prescribed process.
Complete checks before the tenancy begins
First identify all adult occupiers, including adults who may not be named on the agreement. The scheme does not require checks on children under 18. For each adult, use one of the prescribed routes: a manual document check, the Home Office online checking service, or an eligible registered digital verification service. Which route is available depends on the person’s status and documents.
For an online check, the occupier generates a share code specifically for right to rent. These codes begin with “R”; work or other share codes are not valid for this purpose. The landlord enters the code and date of birth into the official GOV.UK checking service, checks that the photograph matches the person, and reviews the result before authorising occupation. A time-limited permission may require a later follow-up check. A check for someone with unlimited permission can be completed any time before the tenancy agreement is entered into; the time-limited check must be made no earlier than 28 days before that date.
Keep the evidence and use a consistent process
Save a clear copy of the prescribed check and record when it was completed. The 2026 guidance says to retain the online profile evidence for the tenancy and at least one year after it ends, then securely destroy it. Store immigration and identity information securely and limit access to people who need it. Apply the checks consistently to all adult applicants; avoid selecting people for checks based on name, accent, appearance or assumed nationality. The Home Office publishes separate guidance on avoiding discrimination.
If an online check cannot resolve an application or a technical issue, use the Home Office Landlord Checking Service where the guidance says it applies. Do not guess from a share code or refuse someone solely because a check is delayed. Keep a dated record of any follow-up deadline and complete it before the time-limited excuse expires.
The 2026 code lists civil penalties of £10,000 for a first breach involving an occupier and £20,000 for a repeat breach within three years; lodger amounts are different. A properly completed check may establish a statutory excuse. This is general information, not legal advice. Check the current Home Office guidance before each tenancy.
Sources: Home Office, Landlord’s guide to right to rent checks (1 October 2026): https://www.gov.uk/government/publications/landlords-guide-to-right-to-rent-checks/landlords-guide-to-right-to-rent-checks-1-october-2026-accessible; Code of practice (1 October 2026): https://www.gov.uk/government/publications/right-to-rent-landlords-code-of-practice/code-of-practice-for-landlords-and-their-agents-the-right-to-rent-scheme-for-landlords-and-their-agents-1-october-2026