Right to Rent Checks for Landlords | Coopers Inventory Services

Right to Rent applies to qualifying residential tenancies in England.

Checks should generally be carried out on all prospective adult occupiers aged 18 or over who will use the property as their only or main home — even where an adult occupier isn't actually named on the tenancy agreement.

And there's a particularly important point here:

A landlord should therefore not try to decide who needs checking based on someone's name, accent, nationality, ethnicity or appearance.

Instead, landlords should operate a consistent checking process for prospective adult occupiers.

The Home Office specifically warns landlords against discriminating when conducting Right to Rent checks.

The appropriate method depends upon the individual's circumstances and the evidence available.

There are several potential routes.

Many people with an immigration status can provide a share code that allows the landlord to check their Right to Rent using the Home Office online service.

The landlord must use the landlord side of the Home Office service — it isn't sufficient simply to look at information the prospective tenant shows from their own immigration account.

The landlord must also confirm that the photograph and details returned by the online check relate to the person seeking to rent the property.

Check a tenant's Right to Rent — GOV.UK

Where the rules permit a manual check, a landlord can inspect acceptable documents.

Under the current system, documents fall into lists depending upon whether they demonstrate an unlimited or time-limited Right to Rent.

The landlord must follow the prescribed checking process, including checking that the documents are genuine and relate to the person presenting them and retaining appropriate copies and a record of when the check was made.

Landlords shouldn't simply make their own judgement about which immigration documents “look acceptable”. The current Home Office acceptable-document list should always be followed.

Digital identity technology can also be used in certain circumstances.

The new Code of Practice taking effect from 1 October 2026 expands and clarifies the role of Right to Rent Digital Verification Service Providers (RtR DVSPs) and digital documentation.

A prospective tenant being unable to produce the usual evidence does not necessarily mean they don't have a Right to Rent.

In certain circumstances, landlords should use the Home Office Landlord Checking Service (LCS).

This can be relevant, for example, where someone's immigration application, appeal or administrative review is outstanding or where their status cannot be evidenced through the usual route.

The Home Office can then provide confirmation of whether the individual has a Right to Rent.

This is something I'd explain clearly because it affects what happens after the tenant moves in.

Unlimited Right to Rent

Where the prescribed check establishes an unlimited Right to Rent, the landlord can establish a continuous statutory excuse for that individual's tenancy.

A further Right to Rent check generally isn't required for that person during that tenancy.

Time-Limited Right to Rent

Some occupiers have permission to remain in the UK for a limited period.

In those circumstances, the landlord may establish a time-limited statutory excuse.

A follow-up check is then required before that statutory excuse expires if the occupier remains in the property.

This is where landlords need a proper diary/reminder system rather than relying on memory.

Under the forthcoming October 2026 Code, where an occupier has a time-limited Right to Rent, the statutory excuse generally lasts until whichever occurs last:

A follow-up check should be carried out before that period expires.

If the follow-up check indicates that an existing occupier no longer has a Right to Rent, landlords should follow the Home Office reporting procedure rather than simply improvising their own response.

Under the Home Office guidance, evidence of the prescribed check should be retained securely for:

the duration of the tenancy

and

one year after the tenancy has ended.

The records should then be securely disposed of when they are no longer required.

Landlords should also remember that Right to Rent records contain personal information, so appropriate data-protection practices matter.

Right to Rent requirements do not give landlords permission to select tenants based on nationality, ethnicity or assumptions about immigration status.

The Home Office's updated anti-discrimination Code specifically reinforces that landlords should treat prospective tenants consistently and should not treat someone less favourably simply because they demonstrate their Right to Rent through a different permitted route.

A sensible process is therefore:

Same requirement. Same process. Every prospective adult occupier.

Right to Rent Update — 1 October 2026

A revised Home Office Code of Practice takes effect on 1 October 2026.

The updated Code includes changes and clarification relating to digital Right to Rent checks, eVisas, Digital Verification Service Providers, acceptable digital documents and how landlords establish and retain a statutory excuse.

Landlords and letting agents should ensure their checking procedures reflect the new guidance for checks carried out from that date.

Right to Rent checks form part of the administrative process surrounding the beginning of a tenancy, while a professional Inventory & Schedule of Condition creates the record of the property itself.

Coopers Inventory Services provides independent written and photographic property reporting for landlords, letting agents and property managers throughout Surrey and surrounding areas.

At the beginning of a tenancy, our Inventory & Schedule of Condition and Check-In Reports provide a detailed record of the property's visible condition, contents and fixtures as the tenant takes occupation.

Coopers does not carry out Right to Rent checks or provide immigration advice. Landlords and letting agents remain responsible for completing the appropriate Home Office checking process.