Right to Rent Checks for Rent to Rent Operators:
Full Compliance Guide

Right to Rent checks are a legal requirement for every adult occupant in any property you let in England. This guide explains who is responsible, how to carry them out correctly, and the penalties for non-compliance.

What This Guide Covers

Right to Rent: The Legal Requirement
How to Carry Out a Right to Rent Check
Follow-Up Checks and Record Keeping
Frequently Asked Questions

Section 1

Right to Rent: The Legal Requirement

The Right to Rent scheme was introduced by the Immigration Act 2014 and requires all private landlords in England to check that their tenants and any adult occupants have the legal right to rent residential property in the UK before the tenancy starts. For more detail, see how VAT applies to rent to rent.

As a rent to rent operator, you are the landlord in the relationship with your tenants. This means the Right to Rent check obligation falls on you — not the property owner — for every adult occupant in every property you sublet.

⚠️ Significant Penalties for Non-ComplianceLandlords who fail to carry out Right to Rent checks, or who let to someone without the right to rent, face civil penalties of up to £20,000 per occupant (increased in 2024). Knowingly letting to someone without the right to rent is a criminal offence. These penalties apply to rent to rent operators directly.

Section 2

How to Carry Out a Right to Rent Check

There are two ways to conduct a Right to Rent check:

Method 1 — Manual document check (in-person)

Ask the prospective tenant to provide original documents proving their right to rent. Acceptable documents are listed in the Home Office Right to Rent guidance and include: British or EU passport, UK biometric residence permit, or other approved documents
Check the document is genuine — look for signs of tampering, check the photo matches, check the expiry date
Make a copy of the document (both sides for ID cards) and record the date of the check
Retain the copy for the duration of the tenancy and for at least 1 year afterwards

Method 2 — Home Office online checking service

If the tenant has a biometric residence permit, visa, or other digital immigration status, they can share a digital Right to Rent code via the Home Office checking service at gov.uk/view-right-to-rent
The tenant generates a share code; you enter it on the portal along with their date of birth to verify their status
Record the date of the check and save a screenshot of the result

Section 3

Follow-Up Checks and Record Keeping

For tenants with time-limited right to rent (e.g., those on a visa with a specific expiry date), you must carry out a follow-up check before their permission to stay in the UK expires:

Diarise follow-up check dates — when a tenant’s permission expires within the tenancy term, set a reminder to carry out a repeat check at least 28 days before the permission expiry date
If permission has expired or cannot be renewed — contact the Home Office Landlord Checking Service (0300 069 9799) for guidance on how to proceed. Do not take any action without seeking advice first
Record keeping — maintain a log of all Right to Rent checks carried out, including: the document(s) checked, the date checked, and whether the right to rent is time-limited. This log is your evidence of compliance

✅ Use a Compliance ChecklistInclude Right to Rent checks in your standard pre-tenancy checklist alongside deposit protection and tenancy agreement signing. This ensures it is never missed and your process is documented for every tenancy.

Frequently Asked Questions

Who is responsible for Right to Rent checks in a rent to rent arrangement — me or the property owner?

You are — as the rent to rent operator and landlord in the relationship with your tenants, the Right to Rent obligation is yours. The property owner has no direct legal obligation in respect of your tenants. Ensure your Company Let Agreement reflects this allocation of responsibility clearly.

Do I need to check the Right to Rent of every adult living in the property?

Yes — you must check every adult aged 18 or over who will be living at the property as their only or main home, regardless of whether they are named on the tenancy agreement. This includes adult family members and any other occupants. Checking only the named tenant is insufficient. For more detail, see our guide to rent-to-rent tenancy agreements.

What documents are acceptable for a Right to Rent check?

Acceptable documents are set out in the Home Office Right to Rent guidance (available at gov.uk). They include: a valid UK or EU passport, a UK birth certificate combined with a National Insurance number proof, a biometric residence permit, or other documents listed in List A and List B of the guidance. The Home Office guidance is updated periodically — always check the current version before conducting a check. For more detail, see insurance requirements for rent to rent.

Stay Fully Compliant as a Rent to Rent Operator

Property Accelerator covers Right to Rent checks, HMO compliance, gas safety, deposit protection and every legal requirement for a professional rent to rent business. For more detail, see deposit protection requirements.

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Right to Rent Checks for Rent to Rent Operators:Full Compliance Guide