Do I need to check EU citizens for right to rent after Brexit?

Yes. Since 1 July 2021, EU, EEA, and Swiss citizens must demonstrate their immigration status using a Home Office share code — you cannot accept EU passports or ID cards as proof of the right to rent. If they have settled or pre-settled status, they'll generate a share code at gov.uk/view-prove-immigration-status. Settled status gives an unlimited right to rent (List A). Pre-settled status is time-limited (List B), so you'll need a follow-up check before it expires.

What happens if I make a mistake on a right to rent check?

An honest administrative error — such as not taking a copy of a document — does not automatically trigger a civil penalty if the tenant did have the right to rent. However, you lose your statutory excuse if the check wasn't completed correctly. HMRC guidance says the penalty notice process considers mitigating circumstances. That said, the safe position is to follow the procedure precisely every time, since the Home Office doesn't have to accept that an error was innocent.

How long do I need to keep right to rent records?

You must keep copies of checked documents for the duration of the tenancy plus 12 months after it ends. The copy must be legible and show the date you completed the check. Store records securely — GDPR applies, and you cannot retain copies of documents longer than necessary. A landlord software system or secure digital folder is simpler than paper filing and easier to retrieve if the Home Office ever requests evidence.

Can I use a digital right to rent check instead of physical documents?

Yes, but only for British and Irish citizens with a valid passport. Since 6 April 2022, you can use a certified Identity Service Provider (IDSP) to carry out digital right to rent checks. IDSPs use document scanning and facial comparison technology. The check produces a report that serves as your statutory excuse. For everyone else — including EU citizens with share codes — you must use the Home Office online checking service at gov.uk/landlords-immigration-check.

What if a tenant refuses to provide documents for a right to rent check?

You cannot lawfully let a property to someone who will not cooperate with the right to rent check. If a prospective tenant refuses to provide documents, you must decline to let to them. Do not let someone move in on the basis that they'll 'sort out the paperwork later' — you lose your statutory excuse from the day the tenancy starts. If an existing tenant's permission to stay expires and they refuse a follow-up check, take legal advice immediately. You may be required to report the situation to the Home Office.

Right to Rent Check: Complete Landlord Guide 2026

Why Right to Rent Checks Are Non-Negotiable

Since 1 February 2016, every private landlord in England has been legally required to check that all adult occupiers have the right to rent in the UK before a tenancy begins. The obligation comes from Part 3 of the Immigration Act 2014, and it applies whether you use a letting agent or manage the property yourself.

Get it wrong — or skip it entirely — and you face a civil penalty of up to £10,000 per occupier for a first offence, rising to £20,000 per occupier for repeat breaches. In cases where you knowingly let to someone without the right to rent, you could face criminal prosecution under the Immigration Act 2016 with a sentence of up to five years in prison.

The scheme currently applies in England only. Scotland, Wales, and Northern Ireland operate separately and do not require private landlords to run these checks.

This guide covers exactly who you must check, which documents are acceptable, how to use the Home Office online service, when follow-up checks are required, and how to stay compliant without creating unnecessary admin.

If you’re building a complete pre-tenancy process, our tenant screening guide covers Right to Rent alongside credit checks, references, and affordability tests. For a checklist of everything you need before handing over keys, see the first-time landlord checklist.

Who Must Complete Right to Rent Checks

The duty falls on the landlord — not the agent, unless you’ve explicitly delegated the responsibility in writing. Under Section 22 of the Immigration Act 2014, the landlord is the responsible person unless a letting agent has accepted the obligation in writing via a “landlord’s written authorisation” transfer of duty.

If you’re using an agent, confirm in writing whether they or you are completing the check. If you’re self-managing, it’s entirely on you. Right to Rent is one of several mandatory pre-tenancy compliance steps — see the complete landlord guide for the full list of legal obligations before you let a property.

Sub-letters must also check occupiers. If you’re letting a room in your own home under a licence agreement, the same rules apply.

Which Tenants You Must Check

You must check all adults aged 18 or over who will live in the property as their only or main home, regardless of whether they are named on the tenancy agreement. This catches a common mistake: checking only the lead tenant but not their partner, adult children, or housemates who move in later.

You do not need to check:

Children under 18
Occupiers staying under a social housing tenancy (where the registered provider handles its own checks)
Guests staying for short periods

You must check all adults before they move in — the check must happen no more than 28 days before the tenancy start date. Do not leave it until after keys are handed over.

List A and List B Documents Explained

The Home Office divides acceptable documents into two lists. The distinction matters because it determines whether you need a one-off check or periodic follow-up checks.

List A: Unlimited Right to Rent (No Follow-Up Required)

These documents show the person has an unlimited right to rent. One check is all you need — you don’t have to revisit their status during the tenancy.

Single document acceptable (Group 1):

A valid or expired UK passport
A valid or expired Irish passport or Irish passport card
A document from the Windrush Scheme confirming no time limit on their right to stay

Combination of two documents (Group 2):

A UK birth or adoption certificate plus an HMRC letter, P45, P60, or National Insurance card
A certificate of registration or naturalisation as a British citizen plus a National Insurance number document

Home Office online evidence:

A Home Office share code confirming settled status under the EU Settlement Scheme

List B: Time-Limited Right to Rent (Follow-Up Check Required)

These documents show a current right to rent but with an expiry date. You must complete a follow-up check before the permission expires, or at 12 months after the previous check — whichever comes sooner.

Documents in this category include:

A valid passport or travel document showing a current visa or limited leave to remain
A Biometric Residence Permit (BRP) with an expiry date
A Home Office share code confirming pre-settled status under the EU Settlement Scheme
A Certificate of Application from the EU Settlement Scheme confirming ongoing status (pending decision)

When you receive a List B document, record the expiry date in your property management records so you don’t miss the follow-up window.

How to Complete an In-Person Check

For documents that don’t use the online share code system, you’ll check the original documents in person. Follow this process precisely — it creates your statutory excuse.

Step 1: Request the original documents. You cannot accept photographs or photocopies. The document must be in your hands.

Step 2: Check they look genuine. Look for signs of tampering: discolouration, pages that look replaced, photographs that don’t match. If something looks off, don’t proceed.

Step 3: Confirm it belongs to the person in front of you. Compare the photograph to the applicant. Check names match. If there are multiple occupiers, check each one individually.

Step 4: Make a clear copy. Scan or photograph every page containing personal data, identity information, and expiry dates. The copy must be legible.

Step 5: Record the date. Write or stamp the date of the check on the copy. This is what proves you completed the check before the tenancy started.

Step 6: Secure the records. Store copies for the tenancy plus 12 months after it ends. A landlord software platform with secure document storage is far easier to manage than paper filing.

Using the Home Office Online Checking Service

For most EU, EEA, and Swiss citizens, and for BRP holders, the right immigration check is done online — not with physical documents.

Since 1 July 2021, EU, EEA, and Swiss citizens cannot use their passports or EU ID cards to prove a right to rent. Instead, they generate a share code at gov.uk/view-prove-immigration-status and share it with you. You must verify it using the Home Office Landlords Checking Service at gov.uk/landlords-immigration-check.

To use the service, you need:

The tenant’s share code (9 characters, starts with a letter)
Their date of birth

The service returns a result immediately. It tells you:

The tenant’s name and photograph
Whether they have the right to rent
Whether the right is limited (List B) or unlimited (List A)
The date the check was carried out

Print or save the result. This printout is your statutory excuse. You cannot rely on a screenshot the tenant shows you on their phone — you must run the check yourself through the official portal.

Do not accept a printout from the tenant as proof. Generate the result yourself using their share code. The tenant’s printout could be outdated (share codes reflect status at the time of generation and are valid for 90 days).

Digital Right to Rent Checks via IDSPs

Since 6 April 2022, landlords can use certified Identity Service Providers (IDSPs) to run digital right to rent checks for British and Irish citizens with a valid passport. The IDSP scans the passport chip and runs a facial comparison against a selfie taken by the applicant.

This is useful if you’re letting remotely or want to avoid in-person document checks entirely. The IDSP provides a report confirming the check outcome, which serves as your statutory excuse.

IDSPs are only valid for British and Irish citizens. For everyone else, you must use the in-person process or the Home Office online service.

IDSP checks typically cost £5-£20 per person and can be completed by the tenant remotely. Several tenant referencing platforms include them as part of a bundled referencing service.

EU Citizens: The Post-Brexit Rules

EU, EEA, and Swiss citizens who arrived before 31 December 2020 and applied to the EU Settlement Scheme (EUSS) by 30 June 2021 may have:

Settled status — unlimited right to stay in the UK. This gives them an unlimited right to rent (List A). The share code will confirm this.
Pre-settled status — a time-limited right to stay. This gives them a time-limited right to rent (List B). A follow-up check is required before their permission expires.

EU citizens who arrived after 31 December 2020 need a valid visa. Check their leave to remain in the usual way.

You cannot accept an EU passport as proof of status since July 2021. Always use the share code system for EU, EEA, and Swiss nationals.

Follow-Up Checks for Time-Limited Permissions

When you’ve checked a List B document, you must complete a follow-up check before either:

The date the tenant’s permission to stay in the UK expires, or
12 months after the date of the previous check

Whichever comes sooner.

Example: You complete a check on 1 January 2026 and the tenant’s pre-settled status shows it’s valid until 1 October 2026. The follow-up must happen before 1 October 2026 (less than 12 months away). If their status had been valid until 1 July 2027, the follow-up would fall on 1 January 2027 (12 months after the first check).

If the follow-up check reveals the tenant’s permission has lapsed, you must:

Immediately report the situation to the Home Office Landlord Checking Service (0300 790 6268)
Receive a written notice from the Home Office confirming the tenant is a disqualified person
Serve a Section 8 notice — once you hold a Home Office disqualification notice, mandatory Ground 7B of Schedule 2 (Housing Act 1988, as amended) applies, giving the court no discretion to refuse possession

Section 21 no longer exists in England following its abolition under the Renters’ Rights Act 2025. Ground 7B is the correct route, and it is mandatory — the court must grant possession if the ground is made out. For the full possession process from notice to court order, see the eviction guide.

Do not evict someone because their documents look uncertain — always get formal confirmation from the Home Office first before serving any notice.

Right to Rent Checks in HMOs

In a House in Multiple Occupation (HMO), the rules apply to every adult living in the property — not just those originally named on the tenancy. If a new adult moves in to replace a departing tenant, you must check their documents before they move in.

Keep a running record for each room or occupier with the date of the check and document details. If you have a large HMO, a property management spreadsheet or landlord software makes this significantly easier to track.

What the £10,000 Penalty Actually Looks Like

The Home Office issues civil penalty notices under Section 23 of the Immigration Act 2014. The penalty levels in 2026 are:

Offence	Per occupier
First offence	Up to £10,000
Repeat offence	Up to £20,000

You can appeal a civil penalty notice if you believe it was issued incorrectly, or request a reduction if you have mitigating circumstances. Appeals go to the First-tier Tribunal (Immigration and Asylum Chamber).

The statutory excuse completely removes the liability — if you completed the check correctly and the tenant provided false documents, you are not liable for the penalty. This is why following the procedure precisely every time is worth the effort.

Staying Compliant Without Unnecessary Admin

Right to Rent checks don’t need to create a significant admin burden if you build them into your standard process.

What to do every time:

Collect documents or the share code before you issue a tenancy agreement
Complete the check and record the date before keys are handed over
Store a legible copy securely alongside the signed AST
Note the follow-up date in your diary or property management system if the document is time-limited

If you’re self-managing your portfolio, consider using landlord software that includes document storage and compliance reminders. Missing a follow-up check on a pre-settled status tenant is exactly the kind of oversight that leads to avoidable penalties.

For the full picture of what you need to do before a tenancy starts — deposit protection, gas safety, EPC, and more — read our first-time landlord checklist. And when you’re ready to protect the deposit once the tenancy is confirmed, see the tenancy deposit protection guide for a walkthrough of the three government-approved schemes.