Right to Rent checks are one of the most frequently mishandled compliance requirements in the private rented sector. Not because landlords don't know they exist — most do. But because the rules have changed significantly in the last two years and a lot of landlords are still following outdated procedures.

This edition covers how the checks work in 2026, what documents are valid, the three methods you can use, what the fines look like, and the mistakes that break your statutory excuse without you realising.

Every landlord letting residential property in England must carry out a Right to Rent check before handing over the keys. The duty comes from the Immigration Act 2014, extended and toughened by the Immigration Act 2016. CertNudge

The scheme places a legal duty on every landlord in England to check that each adult occupier has a lawful immigration status before letting residential accommodation. CertNudge

The key word is every. Every adult who will occupy a property as their only or main home must be checked — regardless of nationality. British tenants, EU nationals, non-EU nationals — every adult occupier, every time. CertNudge

It does not apply in Scotland, Wales or Northern Ireland. CertNudge

Up to £10,000 per occupant for a first breach. Up to £20,000 per occupant for a subsequent breach within 3 years of a previous penalty. Property118

These are per illegally-let adult — so a family of 4 with no right to rent can generate penalties well in excess of £50,000. Shelter England

Criminal prosecution — unlimited fine or up to 5 years imprisonment — where the landlord knowingly permits occupation by a person without the right to rent. Property118

The distinction between the civil penalty and criminal prosecution matters. The civil penalty applies when you failed to carry out a check or carried it out incorrectly. The criminal offence applies when you knew the tenant didn't have the right to rent and let them anyway. Two very different situations — both serious.

Documents fall into two categories and understanding the difference is essential.

List A — Unlimited right to rent

List A documents establish an unlimited right to rent — meaning a one-time check is all you ever need for that tenant. List A includes a current British passport, settled status under the EU Settlement Scheme, and Indefinite Leave to Remain. CertNudge

Check once, retain the copy, you're done for the duration of the tenancy.

List B — Time-limited right to rent

List B covers time-limited right to rent, including a current passport or travel document carrying a valid visa or leave endorsement, pre-settled status under the EU Settlement Scheme verified online, an eVisa or other digital status showing time-limited leave verified online. CertNudge

Time-limited means you must carry out a follow-up check. If a tenant or occupier has a visa or other time-limited right to remain, you must carry out a follow-up check before 12 months from the initial check, or 1 month before the leave expires — whichever is earlier. Property118

Missing a follow-up check on a time-limited tenant is one of the most common compliance failures — and it breaks your statutory excuse for the period after the check should have been done.

Since 1 July 2021, an EU, EEA or Swiss citizen cannot prove their right to rent with a passport or national identity card. Their status must be verified through the online service using a share code, usually on the basis of settled or pre-settled status under the EU Settlement Scheme. CertNudge

This catches landlords out repeatedly. An EU passport is not sufficient on its own. An EU tenant must generate a share code through their UKVI account and you verify their status online. Accepting an EU passport without the share code check does not give you a statutory excuse.

Settled status is an unlimited right to rent checked once. Pre-settled status is time-limited and requires a follow-up check. CertNudge

Since 1 October 2022 there are exactly three ways to carry out a compliant Right to Rent check. Each produces a statutory excuse if followed correctly. LetSafe UK

Method 1 — Manual document check

The manual route involves meeting the prospective tenant in person, examining their original documents, and keeping a clear copy. LetSafe UK

For a manual check you must inspect the original document in person. A photocopy presented by the tenant does not provide a statutory excuse. Property118

Inspect the document, check photos, dates and any security features, take a clear copy — both sides — and retain it.

Method 2 — GOV.UK online share code service

For tenants with digital immigration status — eVisas, pre-settled status, BRP holders from 31 December 2025 onwards — the online check is mandatory.

Ask the tenant to go to gov.uk and generate a 9-character share code. Enter the share code and the tenant's date of birth at gov.uk/landlords-online-right-to-rent. Print or save the result and retain it. A valid online result gives you a full statutory excuse. Property118

Method 3 — Certified Identity Service Provider (IDSP)

Since 6 April 2022, landlords can use a certified IDSP to verify a British or Irish citizen's passport without meeting them in person. The tenant downloads the IDSP's app, photographs their passport, captures a short selfie or liveness video, and submits the check. The IDSP verifies the chip, the biometric match and any known fraud indicators, then returns a digital certificate to you. LetSafe UK

Popular certified providers in 2026 include Credas, Yoti, TrustID, Onfido and Persona — typically £3–£8 per check. Shelter England

Only use a provider on the Home Office certified list — not all digital identity services qualify.

Statutory excuse is the key concept landlords need to understand. It's your complete defence against a civil penalty — but only if you followed the correct procedure.

To maintain your statutory excuse you must:

Miss any one of these and your statutory excuse is broken — meaning you're exposed to the civil penalty even if the tenant does have the right to rent.

If a tenant loses the right to rent during the tenancy, the Home Office will issue a notice. Under the Renters Rights Act 2025, this triggers Ground 7B — a mandatory Section 8 possession ground. Failure to act on the notice exposes the landlord to continuing civil penalty liability. Property118

Ground 7B is mandatory — meaning if the Home Office issues that notice and you seek possession, the court must grant it. But you must act on the notice. Ignoring it doesn't make the problem go away and creates ongoing civil penalty exposure.

Do not change locks or harass. Report to the Home Office via the illegal-immigration reporting service to preserve your statutory excuse. Then consider Section 8 possession if the situation continues. Shelter England

You must keep records for at least one year after the tenancy ends, then ensure full, secure deletion for GDPR compliance. Stephens Scown LLP

The GDPR element is one landlords frequently overlook. Retaining Right to Rent documents indefinitely isn't compliant — you need a retention policy that keeps documents for the required period and then deletes them securely.

The Renters Rights Act 2025, in force since 1 May 2026, does not change the right to rent scheme itself — the duty to check, the three methods and the penalties are unchanged. It does, though, add a possession route that connects to it — Ground 7B for tenants who lose their right to rent during a tenancy. CertNudge

The fundamentals haven't changed. What's changed is the enforcement landscape around it — higher penalties for other breaches, stronger council powers, and the Ground 7B connection.

✅ Check every adult occupier — not just the lead tenant, every adult who will live in the property

✅ Check before occupation begins — not on move-in day, before the keys are handed over

✅ Know which list the document is on — List A means once, List B means follow-up required

✅ EU nationals need a share code — passport alone is not sufficient since July 2021

✅ Never accept photocopies — manual check requires original documents in person

✅ Retain copies with dates — clear copy, dated on the day of inspection, retained for 1 year after tenancy ends

✅ Diarise follow-up checks — for every time-limited tenant, set a calendar reminder for 1 month before their leave expires

✅ Act on Home Office notices — Ground 7B is triggered, don't ignore it

✅ Check consistently for every tenant — applying checks inconsistently across nationalities creates discrimination risk

Right to Rent checks are straightforward when done correctly — and genuinely risky when cut corners. The £20,000 per tenant penalty is not theoretical. The Home Office actively enforces the scheme and landlords who haven't updated their procedures for the digital immigration status changes of 2024-2025 are the most exposed.

The three-method system gives landlords flexibility. The key is picking the right method for each tenant's situation, following it correctly, and keeping the dated evidence.

Track Right to Rent check dates, document types and follow-up deadlines across your entire portfolio alongside all your other compliance documents.

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Coming up next edition — Deposit protection: the 30-day rule, the three schemes, and the three times deposit penalty.

The Landlords Brief is published for UK landlords. Subscribe free at thelandlordsbrief.co.uk. This newsletter is for general information only and does not constitute legal or financial advice.