Do I need to check EU citizens for right to rent?

Yes. Since 1 July 2021, EU, EEA and Swiss citizens cannot use their passport or national ID card to prove right to rent. They must generate a Home Office share code at gov.uk/view-prove-immigration-status. Settled status gives an unlimited right to rent (List A, no follow-up needed). Pre-settled status is time-limited (List B), requiring a follow-up check before it expires or 12 months later, whichever is sooner.

What is the fine for failing to complete a right to rent check?

Since 13 February 2024, the civil penalty for a first breach is £10,000 per occupier (up from £1,000) and £20,000 per occupier for a repeat offence (up from £3,000). These fines apply even if you didn't know the person lacked the right to rent, unless you can prove you completed a compliant check. Knowingly renting to someone without the right to rent is a criminal offence carrying up to 5 years' imprisonment.

Can my letting agent do the right to rent check instead of me?

Yes, but only if the responsibility has been transferred to them in writing. If your letting agent has accepted Right to Rent duty in a written agreement, the civil penalty falls on them rather than you. If there is no written delegation, the duty stays with the landlord. Always confirm which party is responsible in your agency contract, and request a copy of the completed check record regardless.

How long must I keep right to rent check records?

You must keep copies of the documents checked, and your completed record, for the full duration of the tenancy plus at least 12 months after it ends. Under UK GDPR, you should not retain personal data longer than necessary, once the 12-month window passes, securely destroy the copies. A password-protected digital landlord folder is easier to search and retrieve than paper filing if the Home Office ever requests evidence.

What should I do if a tenant cannot prove their right to rent?

Do not let the tenancy begin. If a prospective tenant cannot produce acceptable documents or a valid Home Office share code, you cannot let to them. Accepting promises to provide documents later removes your statutory excuse, the check must be complete before the tenancy starts. For an existing tenant whose time-limited leave has expired, contact the Landlord Checking Service and seek legal advice immediately.

Right to Rent Check Template UK 2026 (Free Download)

Why every England landlord needs a Right to Rent check on file

Since 1 February 2016, the Immigration Act 2014 (Part 3) has required every private landlord letting residential property in England to verify that all adult occupiers have the right to rent in the UK. The check must happen before the tenancy starts, and it applies to every adult aged 18 or over who will use the property as their only or main home, not just the named tenant on the agreement.

The penalty regime tightened sharply on 13 February 2024. A first civil penalty now reaches £10,000 per occupier (up from £1,000) and a repeat offence £20,000 per occupier (up from £3,000). Knowingly renting to someone without the right to rent remains a criminal offence under the Immigration Act 2016, carrying up to 5 years' imprisonment.

Right to Rent applies in England only. Scotland, Wales, and Northern Ireland have different rules and do not impose this check on private landlords.

For the complete legal guide, including List A and List B documents in full, EU share codes, and follow-up procedures, see the Right to Rent check guide.

What's in the template

Property address and tenancy start date block
Occupier identification, name, date of birth, nationality
Tick-box for the three permitted check methods: manual document check, IDVT via certified IDSP, Home Office online share-code check
List A and List B document menus, passports, biometric residence permits (BRPs), eVisas, settled/pre-settled status confirmation, share codes
Document detail capture, document type, number, issuing authority, expiry date
"Steps I took" affidavit section, the signed statement that creates your statutory excuse in the event of a Home Office audit
Outcome section, unlimited right to rent (List A), time-limited right to rent (List B), or no right to rent
Follow-up check calendar reminder for List B tenants, with the Landlord Checking Service reference
Signature block for the person who conducted the check

The three right to rent check methods

1. Manual document check

The default route for tenants with physical immigration documents. You must:

Ask for original documents, photocopies are not acceptable for the initial check
Check the document in the holder's presence, face the person against the photo and confirm it appears genuine
Take a clear copy (scan or photograph) and date it with the day of the check
Record the document type, number, issuing country, and expiry date on the template
Keep the copy securely for the duration of the tenancy plus 12 months

Acceptable List A documents include a UK or Irish passport, a UK birth or adoption certificate combined with proof of National Insurance number, and a certificate of registration or naturalisation as a British citizen. A full list is in the right to rent guide.

2. IDVT check via certified Identity Service Provider (IDSP)

Available since April 2022 for British or Irish citizens with a valid passport only. You instruct a Home Office-certified Identity Service Provider, a list is published at gov.uk. The IDSP performs a digital document scan and facial comparison, returning an Identity Document Validation Report that substitutes for the manual check. Typical cost: £5, £15 per check. Keep the report on file as your statutory excuse.

IDVT is not available for non-UK/Irish nationals, or for British or Irish citizens who only have a driving licence rather than a passport.

3. Home Office online share-code check

The only route for:

EU, EEA and Swiss citizens (who have held settled or pre-settled status since 1 July 2021)
Holders of eVisas (most recent BRP-holders have transitioned to eVisa status)
Any non-UK/Irish national whose immigration status is held digitally

The tenant generates a 9-character share code at gov.uk/prove-right-to-rent, valid for 90 days. They share the code and their date of birth with you. You enter both at gov.uk/landlord-right-to-rent-check, then screenshot and save the result page, this is your statutory excuse. Do not rely on the tenant showing you the result on their phone; you must conduct the check yourself.

List A versus List B: what the distinction means in practice

List A documents confirm an unlimited right to rent, typically British or Irish citizens, or those with indefinite leave to remain or settled status. One compliant check covers the entire tenancy. No follow-up is ever required.

List B documents confirm a time-limited right to rent, pre-settled status, a visa with an expiry date, or a BRP with a specific leave-to-remain end date. You must conduct a follow-up check before the document expires, or within 12 months of the original check, whichever is later. Diarise the follow-up date the day you complete the initial check; missing it removes your statutory excuse for the whole tenancy.

Step-by-step: completing the check before a tenancy starts

Identify every adult occupier. Ask the prospective tenant at the viewing or application stage to confirm who will live in the property. Every adult named, and any adults who will move in after the tenancy starts, must be checked before they take up residence.
Determine which check method applies. British or Irish passport-holders: manual or IDVT. EU/EEA/Swiss nationals and eVisa holders: share-code check. Others: manual check against physical documents.
Conduct the check no more than 28 days before the tenancy start date. Earlier than 28 days and the check is technically out of window for the new tenancy (though the Home Office takes a practical approach). After the tenancy starts and you have no check on file: you have no statutory excuse.
Complete and sign this template. Fill in every section, property details, occupier details, check method used, document details, outcome, and your signature. Unsigned or undated records weaken your statutory excuse.
Attach the document copy (or share-code screenshot). File it together with the completed template in the tenant's folder, paper or digital.
Set a calendar reminder if the right is time-limited. Enter the follow-up check due date in your records management system or phone calendar the same day.

What to do if a tenant has no right to rent

If the check reveals that a prospective tenant has no right to rent, do not proceed. You cannot let to them. Explain that you are legally unable to grant a tenancy without evidence of their right to rent and return any holding deposit within 7 days (under the Tenant Fees Act 2019, you cannot retain it on this basis unless they gave false information).

For an existing tenant whose time-limited leave has expired and who cannot demonstrate an extended right: you are legally required to notify the Home Office using the Landlord Checking Service at gov.uk/landlord-checking-service. This referral is mandatory, failure to report is itself a breach. Seek legal advice before taking any possession action, as the process differs from a standard Section 8 eviction.

See the complete eviction guide and the Section 8 notice guide for the possession process where a tenancy must end.

GDPR and record-keeping

Copies of identity documents are personal data under the UK GDPR. You must:

Store securely, password-protected digital folder or locked physical file. Do not email unencrypted copies of passports or BRPs.
Retain for the right period, duration of tenancy plus 12 months after it ends, then securely destroy.
Do not use the data for any other purpose, Right to Rent copies cannot be shared with third parties outside of a Home Office audit or legal proceedings.
Disclose to the tenant on request, under the UK GDPR right of access, a tenant can request copies of the personal data you hold about them.

For landlords managing multiple properties, property management software with a secure document vault (rather than a shared email folder) makes Right to Rent record storage straightforward and auditable. See our self-managing landlord guide for tools that cover the full compliance workflow, including check records and renewal reminders.

Common mistakes that void the statutory excuse

Check completed after the tenancy starts. There is no grace period. A check completed on day 2 of the tenancy provides no statutory excuse for day 1.
No follow-up check for a List B tenant. Letting a time-limited right expire without a follow-up means you lose your statutory excuse from the moment the original document expired.
No dated copy of the document checked. "I looked at their passport" is not a defence. You need the physical copy plus this completed, signed, and dated record.
Checking the named tenant only. A partner, adult child, or housemate who moves in must also be checked, even if they are not on the tenancy agreement.
Accepting an EU passport as proof. EU passports and national ID cards have not been valid for Right to Rent since 1 July 2021. EU nationals must use the Home Office share code system.
Discriminating by nationality. You must apply the same check consistently to every prospective tenant. Refusing to consider non-UK nationals, or applying stricter evidence standards to certain nationalities, breaches the Equality Act 2010 and the Home Office Code of Practice.

FAQs

Do I need a Right to Rent check for a lodger?
Yes. The obligation applies to any private residential tenancy or licence where the occupier uses the property as their only or main home, including a lodger in your own home, provided they are over 18.

What if my letting agent does the check on my behalf?
The civil penalty shifts to the agent only if they have accepted responsibility in a written agreement. If responsibility is not transferred in writing, you remain liable as the landlord. Confirm in your agency contract who is responsible, and request evidence that the check was done correctly.

How long must I keep the records?
For the duration of the tenancy and at least 12 months after it ends. Securely destroy records once the retention window closes, GDPR requires you not to retain personal data longer than necessary.

What if the tenant refuses to provide ID?
Do not let to them. Proceeding without a compliant check removes your statutory excuse for any subsequent civil or criminal liability.

Does the Renters' Rights Act 2025 change the Right to Rent rules?
No. The RRA 2025 changed possession grounds, periodic-tenancy rules, and pet rights, not the Right to Rent regime. The Immigration Act 2014 requirements remain unchanged.

Can I use the same check form for multiple tenants?
No. Each adult occupier requires a separate completed record, with their individual document details, outcome, and a copy of their own documents attached.

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