Around three million private tenancies begin in England each year, and every single one requires a legally sound right-to-rent check before the keys change hands. That figure alone tells you how routine this process is — and also how easy it is to get wrong when you’re doing it repeatedly. I’ve been covering UK property law for long enough to see the same patterns emerge: landlords who assume a quick glance at a passport is sufficient, agents who don’t realise the rules changed in 2022, and tenants who are left in limbo because someone skipped a step. The stakes are real. A missed check can cost you up to £10,000 per tenant for a first offence, and repeat breaches can push that figure to £20,000. Here’s what you actually need to know.
If you’re a landlord or letting agent, the process isn’t optional — it’s baked into the legal responsibilities you owe every tenant. And if you’re a tenant, understanding what a proper check looks like helps you spot when something’s been done wrong. A tenant-landlord lawyer can help clarify your rights if you’re unsure whether a check was handled correctly.
What a Right to Rent check actually involves
The core idea is straightforward: before someone moves in, you need to confirm they have legal permission to live in the UK. But the detail matters more than most people realise. The check applies to every adult occupier — not just the person signing the tenancy agreement. That includes partners, adult children, and anyone else who will use the property as their only or main home. British citizens need checking too. The law doesn’t discriminate by nationality.
The process breaks into three steps. First, obtain the original documents from the tenant. Second, check them in the tenant’s presence — verify the photograph, date of birth, and expiry date match the person standing in front of you. Third, take clear copies of the relevant pages and record the date you performed the check. Keep those records for the entire tenancy and for at least one year after it ends. If you’re managing multiple properties, a home security starter kit with outdoor cameras can help you monitor property access, but it won’t replace the manual document check — that still needs your eyes on the originals.
Why getting this wrong costs more than money
The financial penalties are the headline, but they’re not the only risk. A civil penalty of up to £10,000 per tenant for a first offence is bad enough. Repeat breaches can hit £20,000 per tenant. And in cases of deliberate non-compliance, criminal sanctions apply. That means a potential criminal record alongside the fine.
But there’s a less obvious cost: the time and stress of an audit. The Home Office can request your records at any point. If you can’t produce clear copies with dates, you’re in breach — even if the tenant had a valid right to rent all along. The paperwork is the proof. Without it, you’re exposed.
Consider a scenario where a tenant holds a biometric residence permit with a time-limited right to rent. You do the initial check correctly, but you forget the follow-up check before the permission expires. That’s a breach. The tenant may have every intention of renewing their status, but the law holds you responsible for the gap. A tenant-landlord lawyer can advise on how to handle time-limited permissions and what to do if a tenant’s status changes mid-tenancy.
Where landlords and agents slip up most often
I’ve seen the same mistakes surface again and again. They’re not complicated errors — they’re oversights that happen when the process becomes routine. Here are the ones that cause the most trouble.
Checking only the named tenant
Every adult occupier must be checked. That includes partners, adult children, housemates, and anyone else who will live in the property as their main home. If you only check the person signing the tenancy agreement, you’ve missed everyone else. The penalty applies per tenant, so a house with four occupiers and one check could mean four fines.
Accepting photocopies or digital scans for manual checks
For manual document checks, you must see the original document in the presence of the holder. Photocopies, emailed scans, or photos on a phone are not acceptable for the initial verification. You can take copies afterwards for your records, but the original must be physically presented. This is where a small safe for document storage becomes useful — you can keep the copies secure and accessible for the required retention period.
Forgetting to record the date of the check
Without a recorded date, the check is considered incomplete. The Home Office needs to know when you performed the verification. Write the date on the copy or store it in a system that timestamps the record automatically. It’s a tiny step that makes the difference between a compliant file and a penalty.
Applying checks inconsistently
You must check every prospective tenant in the same way. Selecting certain individuals based on appearance, name, or accent is unlawful discrimination under the Equality Act 2010. The law is clear: consistent application protects you from both discrimination claims and compliance failures.
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| Mistake | Consequence | How to avoid it |
|---|---|---|
| Checking only the named tenant | Penalty per missed occupier (up to £10,000 each) | Check every adult who will live in the property |
| Accepting photocopies for manual checks | Check is invalid; full penalty applies | Insist on original documents seen in person |
| No date recorded on the check | Check considered incomplete | Write or stamp the date on every copy |
| Inconsistent application | Discrimination claim + compliance failure | Apply the same process to every applicant |
How to run a compliant right-to-rent check from start to finish
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The process has changed since the COVID-adjusted checks ended on 30 September 2022. As of 1 October 2022, you must follow the standard prescribed checks set out in the government guidance. Here’s how to do it properly.
Identify which check method applies to your tenant
There are three routes. For British and Irish citizens, you can use Identity Document Validation Technology (IDVT) provided by certified Identity Service Providers — this allows remote verification without an in-person meeting. For holders of biometric residence permits, biometric residence cards, or individuals with EU Settlement Scheme status, you must use the Home Office online checking service. The tenant generates a share code through the online portal, and you use that code to verify their status digitally. For everyone else with physical documents, you perform a manual check using original documents from List A or List B.
Perform the manual document check correctly
If you’re doing a manual check, you need the original document in your hands while the tenant is present. Check the photograph matches the person. Verify the date of birth and expiry date. Look for security features like holograms and watermarks. Compare information across documents for consistency. Once you’re satisfied, take clear copies of every relevant page — including the page with the photograph and the page with the expiry date. Write the date of the check on the copy. Store it securely for the duration of the tenancy plus one year.
- 1Obtain original documentsAsk the tenant to present their passport, biometric residence permit, or other approved document. Photocopies are not acceptable at this stage.
- 2Verify in the tenant’s presenceCheck the photo, date of birth, and expiry date match the person. Look for security features and consistency across documents.
- 3Copy and date the recordsTake clear copies of all relevant pages. Write or stamp the date of the check on each copy. Store securely for the tenancy plus one year.
Handle time-limited rights with follow-up checks
When a tenant has a time-limited right to rent (List B documents), you must carry out a follow-up check before the permission expires. The rule is: complete the follow-up check on or before the expiry date of the tenant’s permission, or within 12 months of the initial check — whichever is later. Set a calendar reminder. If the tenant’s status changes during the tenancy, you may need to re-check sooner. A lease renewal checklist can help you track key dates alongside your compliance obligations.
Use digital verification where required
Since April 2022, certain tenants can only be checked online. If your tenant holds a biometric residence permit, biometric residence card, or has EU Settlement Scheme status, you must use the Home Office online service. The tenant generates a share code through the portal. You enter that code on the Home Office website to confirm their right to rent. The system tells you whether the right is unlimited or time-limited. Save a copy of the response and record the date. This method is faster than manual checks and reduces the risk of document fraud.
Frequently asked questions about rental background checks
What happens if a tenant can’t provide any acceptable documents? ▾
Do I need to re-check a tenant whose visa expires during the tenancy? ▾
Can I use a letting agent to do the checks on my behalf? ▾
What counts as an acceptable document for a manual check? ▾
Do I need to check tenants who are already living in the property? ▾
What’s the difference between a manual check and a digital check? ▾
Sources and Further Reading
The UK’s most overlooked renting cost — A practical look at the hidden expenses tenants and landlords often miss, and how to avoid them.
Right to rent document checks: a user guide. UK Government, 2022.
How to perform right to rent checks. Landlords Portal.
Right to rent checks in 2026. Letting Guru.
