Right to rent check

A check landlords in England must carry out before letting a property — confirming that every adult who will live there is legally allowed to rent in the UK.

Do right to rent checks apply everywhere in the UK?

No. They apply to tenancies in England only. Wales, Scotland and Northern Ireland are not covered by this scheme.

What documents count for a right to rent check?

Accepted documents include a British or Irish passport, other passports with evidence of an appropriate immigration status, or a biometric residence permit, among others set out in Home Office guidance. A digital check can also be carried out for some document types.

Can a landlord refuse to rent to me because of my nationality?

No. A landlord must carry out the same type of check for every prospective tenant and cannot refuse someone, or apply extra requirements, simply because they are not a British or Irish citizen, or hold a foreign passport.

What happens if my right to rent is time-limited?

The landlord is required to carry out a follow-up check before the time-limited permission expires, rather than ending the tenancy automatically at that point, though the details depend on your specific immigration status.

What if my landlord never carried out a right to rent check?

The check is primarily a duty on the landlord, enforced through civil penalties and, in serious cases, criminal liability. A missed check does not usually affect a tenant's rights under the tenancy itself.

Renters' Rights · Glossary

A check landlords in England must carry out before letting a property — confirming that every adult who will live there is legally allowed to rent in the UK.

Last reviewed: August 2026

Renters' Rights track

is a legal requirement for landlords and letting agents in England to verify the immigration status of every prospective adult occupier before a residential tenancy begins, to confirm they are entitled to rent property in the UK.

Where this comes from

Immigration Act 2014, section 22

— the duty on landlords not to authorise an adult to occupy premises under a tenancy if they are disqualified by their immigration status.

Landlord's guide to right to rent checks

— gov.uk guidance on how to carry out and record a compliant check.

What the check involves

Before letting a property, a landlord or agent must check the immigration status of every adult who will live there, not just the person named on the tenancy agreement. This normally involves seeing original identity documents, such as a passport or biometric residence permit, checking they are genuine and belong to the person presenting them, and keeping a copy along with the date of the check.

In some cases the check can be carried out digitally, through an identity service provider or the Home Office online checking service, rather than in person. Right to rent checks apply in England only — they do not apply to tenancies in Wales, Scotland or Northern Ireland.

Why this matters to tenants

For most tenants, a right to rent check is a routine part of moving in, similar to a reference or credit check, and simply requires providing the documents asked for. The practical significance is more about what can go wrong: a landlord who lets to someone without carrying out the check, or without a lawful basis for doing so, can face a civil penalty of up to £3,000 per occupier, and in more serious cases, criminal liability.

This has, in practice, led some landlords to be over-cautious, sometimes avoiding tenants who do not hold a British passport even where they have a perfectly valid right to rent through other documents. That kind of blanket avoidance can amount to unlawful discrimination, and prospective tenants who believe they have been refused a tenancy for this reason may have grounds to challenge it.

• Assuming only the named tenant needs to be checked.
• The law requires every adult occupier to be checked, not just whoever signs the tenancy agreement.
• Not keeping a copy of documents provided.
• Both landlords and tenants benefit from keeping a clear record of what was checked and when, in case a dispute arises later.
• Assuming a limited right to rent means no right to rent at all.
• Some tenants have a time-limited right to rent, which the landlord must follow up on with a further check before it expires, rather than treating the tenancy as automatically unlawful.
• Not recognising discriminatory refusal.
• A landlord refusing to consider a tenant because they do not hold a British or Irish passport, without giving them a fair opportunity to provide other valid documents, may be acting unlawfully.

How other unreasonable terms or practices in a tenancy can be challenged.

Deposit protection scheme

Another legal requirement landlords must comply with when a tenancy starts.

Frequently asked questions

Sources & further reading

• Immigration Act 2014, section 22
• (legislation.gov.uk)
• Landlord's guide to right to rent checks
• Right to Rent: private landlords' duty to carry out immigration status checks
• — House of Commons Library

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Last reviewed: August 2026.

References checked against the sources above as in force on 10 August 2026.

This page is explanatory only and is not legal advice. Start My Claim is self-service software, not a law firm — its tools help you build and run your own case.