Scope: ENGLAND ONLY. The Right to Rent scheme under the Immigration Act 2014 has never been commenced in Wales, Scotland or Northern Ireland. If your property is in Wales you have no lawful basis to demand immigration documents as a condition of letting, and doing so risks a discrimination claim rather than protecting you. Welsh landlords should read the rental discrimination ban instead. Verified against the Home Office code of practice on 10 August 2026.
Two things about this duty are widely misunderstood, and both are expensive.
The first is when: the check must be completed before the tenancy begins. Not before the tenant collects the keys, not in the first week. Before the agreement takes effect. A check made afterwards is not a defence, because the defence the statute gives you is having checked.
The second is how much. Most landlords are still working from the old numbers.
The penalties rose tenfold in February 2024
| Before 13 Feb 2024 | Now |
|---|
| First breach, per lodger | £80 | up to £5,000 |
| First breach, per occupier | £1,000 | up to £10,000 |
| Repeat breach, per lodger | £500 | up to £10,000 |
| Repeat breach, per occupier | £3,000 | up to £20,000 |
Per occupier, not per property. A four-adult house share checked carelessly is a first-breach exposure of up to £40,000. And "occupier" is wider than "tenant": it means anyone authorised to occupy under the agreement, whether or not they are named on it.
Route one: the share code
Most non-British tenants now prove their status digitally. The tenant generates a share code from their UKVI account and gives it to you with their date of birth.
- Ask for the share code and date of birth. The code is for landlords specifically — a right-to-work code will not open the right service.
- Enter both on the Home Office View a tenant's right to rent service.
- Check the photograph on screen against the person, in person or over a live video call.
- Save or print the response, and record the date you did it.
The online response is the evidence. You do not need — and should not keep — copies of the underlying documents.
Route two: the manual check
British and Irish citizens can still prove status with a passport, and some others hold physical documents. The manual route has three steps and all three matter:
- Obtain the original document. Not a photocopy, not a photograph.
- Check it in the presence of the holder — in person, or on a live video call with the original in their hand.
- Copy and date it. Keep a clear copy and record the date the check was made.
Skip the second step and the check gives you nothing. Checking a scan emailed to you is not a check.
Follow-up checks
Where a tenant has time-limited permission to be in the UK, the check must be repeated. If a follow-up is missed and the tenant's permission has ended, the excuse is lost and the penalty is live. Diary the date the permission expires, not the date you last checked.
Do it for everyone, or you have a different problem
The scheme's own code of practice is explicit that checks must be applied to all prospective adult occupiers, not only those who appear foreign. Checking selectively is unlawful discrimination under the Equality Act 2010 — and since 1 May 2026 the rental discrimination ban adds a further layer. The safe practice and the lawful practice are the same: everyone, every time, same questions.
Where it sits in the sequence
Right to Rent is step five of the compliance sequence, and one of the three things that cannot be fixed retrospectively — alongside the 30-day deposit deadline and the inventory. Everything on the first tenancy checklist assumes this is already done.
Upload your tenancy agreement and we will check it against current England and Wales law, including what the Renters' Rights Act changed.
Common questions
How much is the fine for getting Right to Rent wrong?
Since 13 February 2024, up to £5,000 per lodger and £10,000 per occupier for a first breach, rising to £10,000 per lodger and £20,000 per occupier for repeat breaches. Those figures replaced £80 and £1,000 for first breaches, so a landlord working from older guidance is out by a factor of ten. The penalty is per occupier rather than per property, and occupier means anyone authorised to occupy under the agreement whether or not they are named on it.
Does Right to Rent apply in Wales?
No. The scheme has only ever been commenced in England. A landlord in Wales, Scotland or Northern Ireland has no lawful basis to demand immigration documents as a condition of letting, and doing so risks a discrimination claim rather than providing any protection.
Can I check a passport the tenant emails me?
No. The manual route requires you to obtain the original document, check it in the presence of the holder — in person or on a live video call with the original in their hand — and then take and date a copy. A scan sent by email fails the second step, which means the check gives you no statutory excuse at all.
Do I have to check British citizens too?
Yes, and this matters. The code of practice requires checks on all prospective adult occupiers. Checking only people who appear foreign is unlawful discrimination under the Equality Act 2010, and since 1 May 2026 the rental discrimination ban adds a further layer. Everyone, every time, the same questions.