A right to rent check is the step that protects you when you let a property in England. Done correctly, before the tenancy starts, with the record kept, it gives you a statutory excuse: the legal defence if it later turns out an occupier did not have the right to rent. This guide covers the three lawful routes, who each one fits, the penalties for getting it wrong, and how to choose a certified digital provider.
The person renting from you sees a different side of it. For some, proving they can rent means a short check on their phone before they ever sign. For others, it means bringing a passport and a residence document to a viewing or an office appointment. The route you choose shapes how quickly the let completes and how the tenant feels about you before they have moved a single box.
What is a right to rent check?
A right to rent check confirms that a prospective adult occupier is allowed to rent residential property in England before the tenancy begins. It applies to everyone aged 18 or over who will live in the property as their main home, whatever their nationality. Run the prescribed check and keep the evidence, and you gain a statutory excuse against a civil penalty.
The duty falls on the landlord, though it can be passed to a letting agent in writing. The check covers every adult occupier, including British and Irish citizens, not only the named tenant. Right to rent applies in England only. Scotland, Wales and Northern Ireland have no equivalent scheme, so a portfolio that crosses borders follows different rules in each nation.
What are the three ways to do a right to rent check?
There are three lawful routes: a manual document check, the Home Office online check using a share code, and a digital identity check through a certified provider. The right route depends on the occupier’s nationality and immigration status. Each route, completed correctly, gives the same statutory excuse. The table below shows who each one fits.
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Check method
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Who it fits
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Where it happens
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Manual document check
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Cases not covered by the online or digital routes
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In person, with original documents
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Home Office online check (share code)
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People with digital immigration status, including eVisa holders
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Online, using a share code the tenant provides
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Digital identity check (IDVT) via a certified provider
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British and Irish citizens with a valid passport, including the Irish passport card
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Remotely, through a certified provider
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Running the manual route means seeing original documents in person, checking they are genuine and belong to the person in front of you, then keeping a dated copy. The online and digital routes remove that in-person step for the people they cover, which is where most of the delay in a let tends to sit.
IDVT, or Identity Document Validation Technology, sits behind the digital identity route. It runs through a certified provider listed on the government’s register. For right to rent this route is voluntary, not mandatory. You can still use the manual check for a British or Irish passport holder if you prefer, but the digital route lets that tenant verify remotely instead of meeting you with documents.
Who can use the digital right to rent check?
The digital identity check covers British and Irish citizens who hold a valid passport, including the Irish passport card. They verify remotely through a certified provider, with no in-person appointment. Everyone else with digital immigration status, including eVisa holders, uses the Home Office online check with a share code instead. Status determines the route, so a tenant cannot opt into the digital check if their immigration status points to the share-code route.
That split matters when you plan viewings and move-ins. A large share of tenants are British or Irish passport holders, so the digital route can clear most occupiers without anyone bringing documents to an office. For the rest, the tenant generates a share code through GOV.UK and gives it to you, and you complete the online check against their photo. Where someone fits neither route, for example a British citizen without a current passport, you fall back to the manual check.
What is the penalty for getting a right to rent check wrong?
Where there is no valid statutory excuse, the civil penalties for a first breach are up to £5,000 per lodger and up to £10,000 per occupier. For a repeat breach they rise to up to £10,000 per lodger and up to £20,000 per occupier. These figures took effect on 13 February 2024. A correct, retained check completed before the tenancy starts is the defence that keeps you clear of them.
The penalty scales with the number of occupiers, so a single missed check on a one-bed flat and a pattern of weak checks across a managed portfolio are very different exposures. For a letting agent, a penalty also carries reputational cost with the landlords who trust you to keep them compliant.
What about tenants with a time-limited right to rent?
Some occupiers have a right to rent that runs out, for example a visa with an end date. For them the check repeats. You carry out a follow-up check before the existing permission expires, or at the point the Home Office specifies, and you keep that record alongside the first. If the person still has the right to rent, your statutory excuse continues.
Where a follow-up check shows someone no longer has the right to rent, you report it to the Home Office to maintain your position. The online and digital routes make these dates easier to track, because the check produces a structured record with the relevant expiry rather than a paper copy filed and forgotten.
How do I choose a certified provider for digital right to rent checks?
Check certification first. Look the provider up on the government’s register of digital identity and attribute services and confirm they are certified for right to rent under the current framework. Then weigh how well they cover valid British and Irish passports, the quality of the record they produce, and how many tenants actually finish the check.
A provider that frustrates applicants costs you good tenants and stalls the let. The criteria worth applying:
- Certification. Listed on the government register and certified for right to rent under the current framework, version-agnostic.
- Passport coverage. British and Irish passport holders, including the Irish passport card, can verify remotely.
- Audit-ready evidence. A clear, dated, retainable record that supports the statutory excuse without manual filing.
- Tenant completion. Fast and remote, with low drop-off, so verification does not become the reason an applicant walks.
- Regulation and accountability. A provider that is itself regulated carries more weight when a check is questioned.
OneID is one provider that meets these criteria: a certified Digital Verification Service provider, listed on the government register and FCA-regulated (FRN 928911). The tenant completes the check remotely in a short, guided flow, and the check produces an audit-ready record you can retain.
Frequently asked questions
Do I have to do a right to rent check for British citizens? Yes. A right to rent check is required for every adult occupier in England, including British and Irish citizens. They can verify remotely through a certified digital provider, or be checked manually against their original documents. Skipping the check for anyone aged 18 or over removes your statutory excuse.
Is the digital right to rent check mandatory? No. For right to rent the digital identity route is voluntary. You can use the manual document check or the digital route for British and Irish passport holders. The digital route, available since 1 October 2022, simply lets eligible tenants verify remotely instead of presenting documents in person.
What is the fine for renting to someone without the right to rent? Where there is no valid statutory excuse, first-breach penalties are up to £5,000 per lodger and up to £10,000 per occupier. Repeat breaches rise to up to £10,000 per lodger and up to £20,000 per occupier. These figures took effect on 13 February 2024.
Does right to rent apply in Scotland, Wales and Northern Ireland? No. The right to rent scheme applies in England only. Scotland, Wales and Northern Ireland have no equivalent duty, so a landlord with property across the UK follows the relevant national rules for each nation rather than running right to rent checks everywhere.
Who is responsible for the right to rent check, the landlord or the agent? The duty sits with the landlord by default. It can be transferred to a letting agent in writing, in which case the agent becomes responsible for completing checks and holding the records. Without a written agreement, the landlord keeps the duty and the penalty exposure.
What is a statutory excuse for right to rent? A statutory excuse is the legal defence that protects a landlord or agent from a civil penalty if an occupier turns out not to have the right to rent. You gain it by completing the correct prescribed check before the tenancy starts and keeping a dated record, including any required follow-up check.
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