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England compliance
England· Legal requirement

Right to Rent check for England landlords

In England, landlords must check that every adult who will live in the property (18 or over) has the right to rent in the UK before the tenancy starts. The check can be done by viewing original documents, using a Home Office online share code, or through a certified digital identity service provider.

How often

Before the tenancy starts (plus follow-ups for time-limited permission)

Applies to

England only

Status

Legal requirement

Why it matters

Renting to someone without the right to rent can lead to a civil penalty, increased in February 2024 to up to £5,000 per lodger and £10,000 per occupier for a first breach, and higher for repeat breaches. Where a landlord knew, or had reasonable cause to believe, an occupier had no right to rent, it is a criminal offence carrying an unlimited fine and up to five years’ imprisonment. Keeping a correct, dated copy of the check gives you a "statutory excuse" against the civil penalty.

How to stay compliant

Check every adult occupier before the tenancy begins.
Use original documents, a Home Office online share code, or a certified digital identity provider.
Keep a clear, dated copy of the evidence for the whole tenancy and 12 months after it ends.
Diarise follow-up checks for anyone with time-limited permission.

Track right to rent the easy way

MTD Landlord Services keeps your England certificates and tenant checks in one place, with automatic email reminders before anything expires, so nothing slips through. It is built for England landlords alongside your Making Tax Digital records.

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Frequently asked questions

Does Right to Rent apply outside England?

No. The Right to Rent scheme applies only in England; it was never commenced in Wales, Scotland or Northern Ireland.

When is a follow-up check needed?

For time-limited permission, a follow-up is due at the later of the permission’s end date or 12 months after the previous check.

What is a statutory excuse?

If you carried out and retained a correct check, you have a defence against the civil penalty even if the occupier later turns out to have no right to rent.

Legal basis: Immigration Act 2014 Part 3; gov.uk/check-tenant-right-to-rent-documents

This is general information for landlords, not legal advice. Rules change and can vary by case, so always confirm current requirements with official guidance for your nation.