Right to Rent: the practical starting point
If you are letting residential property in England, start by identifying every adult who will use the property as their only or main home. You may need to carry out a Right to Rent check on each of them before allowing occupation — including adults who will live there but are not named on the tenancy agreement.
The scheme applies in England only. It covers certain paid residential tenancy arrangements, including leases, licences, sub-tenancies and lodger arrangements. It can apply whether the agreement is written, oral or implied. It does not apply to every arrangement, however, so establish whether the letting is within scope before treating it as a routine tenancy check.
The key points are:
- apply a consistent process to all adult occupiers, rather than selecting people based on nationality, appearance or background;
- do not check children under 18 under the scheme;
- make reasonable enquiries about who will actually live at the property;
- complete the appropriate check before occupation and retain the prescribed evidence; and
- note whether an occupier has an unlimited or time-limited right to rent, as this affects whether follow-up action is needed.
The Home Office describes these checks as the route by which a landlord may establish, and in some cases retain, a statutory excuse against a civil penalty under the Immigration Act 2014. This article is a general guide, not legal or immigration advice. For the full process and acceptable evidence, use the current Home Office guidance.
Which landlords and arrangements are covered?
The Right to Rent Scheme concerns a landlord who authorises an adult to occupy property in England as their only or main home under a residential tenancy agreement that involves payment of rent. This can include private landlords, people taking in lodgers and occupiers who sublet accommodation.
A property may be an occupier's only or main home where it is the only place they live, or where it is the place in which their settled day-to-day life is based despite them using more than one property.
The scheme does not apply to every form of accommodation. The Home Office code identifies excluded categories, including certain local-authority-arranged accommodation, social housing, care settings, some student accommodation, long leases and other specified arrangements. Holiday accommodation is also treated differently where it is genuinely for leisure and the guest maintains a main home elsewhere. But an open-ended or extended booking that appears to have become someone's main home needs closer consideration.
Where the facts are unclear, do not assume an arrangement is outside the scheme. Consult the current guidance and assess the actual occupation and agreement.
Who needs a check?
The check is about occupiers, not simply named tenants. An occupier is someone authorised to occupy under the residential agreement, whether or not their name appears in it.
Before granting the tenancy, take reasonable steps to find out who will be living in the property as their only or main home. Check every adult occupier, including British and Irish citizens, using the same process for everyone. This consistent approach matters: the Home Office warns that selective checking can lead to unlawful discrimination.
Children are not subject to Right to Rent checks. If a child turns 18 during the tenancy, the code says a new check is not required just because of that birthday. However, if follow-up checks become due for existing occupiers, that person should be included once they are an adult.
Checks may also be relevant when a tenancy changes. The code specifically highlights:
- a variation that gives one or more new adults a right to occupy;
- an assignment that introduces new adult occupiers; and
- surrendering an agreement and granting a new joint tenancy involving new occupiers.
A guest who is visiting friends or family will not ordinarily be an occupier. The position may differ where somebody is living there as their main home and paying rent to an occupier, potentially creating a sub-tenancy or licence arrangement.
Initial checks: timing matters
The timing depends on the type of right to rent the occupier holds.
Occupiers with an unlimited right to rent
For an individual with an unlimited right to rent, the initial check can be carried out at any point before the residential agreement is entered into.
The Home Office code describes British and Irish citizens, people with right of abode, and people granted settlement or settled status as examples of people with an unlimited right to rent.
Occupiers with a time-limited right to rent
For an individual with a time-limited right to rent, the check must be undertaken and recorded no earlier than 28 calendar days before the tenancy start date.
Time-limited cases require particular care because a landlord will need follow-up checks to maintain a statutory excuse. The October 2026 code says those follow-up checks are carried out through the Home Office online Right to Rent service.
Do not rely on an informal assurance about immigration status. Use the checking route and evidence specified in the current Home Office guidance for the individual's circumstances.
Follow-up checks and the Landlord Checking Service
A time-limited right to rent does not mean the person cannot rent. It means you need to keep track of the follow-up requirement and act through the prescribed process.
The Home Office code also identifies cases in which the Landlord Checking Service (LCS) is relevant. For example, where a person has been granted Permission to Rent, the landlord must contact the LCS for confirmation. A positive Right to Rent Notice can provide a statutory excuse for the period stated in the notice; the code states that this is 12 months from the date specified in the notice.
A negative notice has a different consequence. The code says that continuing to enter into a tenancy agreement after receiving a Negative Right to Rent Notice does not provide a statutory excuse and may expose the responsible landlord or agent to a civil penalty.
The exact method, evidence and timing can change, and the code distinguishes between document checks, the Home Office online checking service and permitted digital verification routes. Use the current official instructions rather than treating a past check or an unapproved immigration-status portal as a substitute.
Keep clear, retrievable records
A defensible workflow is not just about performing a check; it is also about being able to show what was done, for whom and when. Keep the relevant evidence of checks and record any date on which a follow-up check may be needed.
For a self-managing landlord, it is useful to keep the following together for each tenancy:
- the names of all declared adult occupiers;
- the tenancy start date and any variation, assignment or renewal details;
- evidence that the appropriate check was completed;
- any correspondence or notice from the LCS; and
- a clearly diarised follow-up point where the right to rent is time-limited.
A property-management system can help make these records easier to locate alongside tenancy information. For example, landlords can see how Portfoliq works or explore Portfoliq's landlord features when considering how to organise property, tenancy and document information. It is not a substitute for carrying out the Home Office check or deciding an occupier's immigration status.
Agents, subletting and a change of landlord
Responsibility can be more complicated than it first appears.
A landlord can appoint an agent to carry out checks. The Home Office code says that where an agent accepts responsibility in writing, civil-penalty liability can rest with that agent. Keep the written agreement clear about whether it covers both initial and follow-up checks.
Where an occupier sublets all or part of a property for rent, that occupier will generally become the responsible landlord for the sub-tenants. Responsibility can be transferred to the superior landlord only if the superior landlord agrees in writing. Without that written acceptance, the subletting occupier remains responsible.
If you buy a property with sitting occupiers, the code recommends obtaining evidence from the previous landlord that checks were completed and noting any follow-up dates. The treatment of older tenancies can depend on when the tenancy began and the circumstances of the occupation, so seek current guidance if you are taking over an existing tenancy.
Use the right version of the rules
The Home Office's code effective from 1 October 2026 explains that the prescribed check is assessed against the code in force when the check was carried out. The civil-penalty treatment can be assessed by reference to the code in force on the date of the breach.
That distinction is important for landlords managing longstanding tenancies or taking over properties with existing occupiers. Retain dated evidence rather than assuming the newest rules can be applied retrospectively to an old check.
A sensible Right to Rent workflow
- Confirm the arrangement is a residential letting in England and consider whether an exclusion may apply.
- Ask who will occupy the property as their only or main home.
- Apply the same Right to Rent process to every adult occupier.
- Identify whether each person's right is unlimited or time-limited and use the current prescribed checking route.
- Complete the check at the correct point before occupation, keeping evidence of what you did.
- Record follow-up requirements and use the LCS where the official process requires it.
- Revisit the position if new adults are authorised to occupy through a variation, assignment or new agreement.
For the authoritative detail, read the Home Office Right to Rent code of practice effective from 1 October 2026. It should be read alongside the current landlord guidance and the relevant Home Office checking services.