Guidance

Code of practice for landlords and their agents: the right to rent scheme for landlords and their agents: 1 October 2026

Updated 30 June 2026

Published 30 June coming into force 1 October 2026

1. Introduction

All landlords and their agents in England have a legal responsibility under the Immigration Act 2014 (“the 2014 Act”) to prevent adults without lawful immigration status from accessing the private rented sector.

Under section 22 of the 2014 Act, a landlord should not authorise an adult to occupy property in England as their only or main home under a residential tenancy agreement where the adult is disqualified because of their immigration status.

The Right to Rent Scheme (“the Scheme”) applies in England and only to certain residential tenancy agreements within the scope of the 2014 Act. Where a landlord or their agent authorises occupation of accommodation by an individual who does not have the correct immigration status to rent, section 23 of the 2014 Act allows the Secretary of State to impose a civil penalty.

This code sets out:

• Which tenancies are subject to the Scheme.
• Who may occupy residential accommodation.
• How landlords and their agents can establish and retain a statutory excuse against liability for a civil penalty.
• How compliance with the Scheme will be considered where a breach is identified.

Landlords may appoint an agent to act on their behalf. Where an agent has accepted responsibility in writing for compliance with the Scheme, liability for any civil penalty will rest with the agent rather than the landlord.

References in this code of practice

In this code, a reference to:

‘Adult’ means an individual who has attained the age of 18.

‘Certificate of Application’ (CoA) is a digital, or non-digital document which individuals can rely on to demonstrate their eligibility to work, rent, and access benefits and services. This document is issued when a valid application is made to the EU Settlement Scheme (EUSS).

‘Civil penalty’ or ‘penalty’ means a financial penalty imposed by the Home Office on a landlord or their agent who has allowed an occupier to occupy private rented residential accommodation, but the occupier does not have the right to rent.

‘Days’ has two separate meanings:

• when referring to a occupier this means calendar days, including Saturdays, Sundays and bank holidays; and
• when referring to the Landlord Checking Service - this does not include Saturdays or Sundays, Christmas Day or Good Friday, or any day which is a bank holiday in England.

‘Disqualified person’ means an individual with no legal immigration status in the UK and therefore does not qualify for right to rent. 

‘Document’ means an original document which may include a digital document, where specified.

‘eVisa’ is an online record provided by the Home Office of an individual’s immigration status and the conditions of their permission to enter or stay in the UK.

‘Facial recognition technology’ is a digital system that identifies or verifies individuals by analysing the unique features of their face.

‘Home Office Landlord Checking Service (LCS)’ is an enquiry and advice service operated by the Home Office that landlords are required to contact in certain circumstances to check whether an individual has a right to rent.   

‘Home Office online right to rent check’ is an online checking service that allows landlords to check whether an individual is allowed to rent in England. This system is accessible for landlords on the Check a tenant’s right to rent in England: use their share code’ page on GOV.UK.  No other online portal relating to immigration status may be used instead for right to rent checking purposes.

‘Landlord’ means an individual who lets accommodation for use by one or more adults as their only or main home. This includes people who take in lodgers and occupier’s who are subletting. References to ‘landlord’ also include agents who have accepted responsibility for complying with the Scheme on behalf of landlords, except for when agents are specifically and separately referred to.

‘Lodger’ means someone who takes a room within accommodation that they share with their landlord (this could be the owner or an occupier of the property).

‘Market rent’ means the amount of rent that can be expected for the use of a property, in comparison with similar properties in the same area.

‘Negative Right to Rent Notice’ (NRRN) is a negative confirmation that an individual does not have the right to rent from the Landlord Checking Service (LCS). If a landlord receives an NRRN but continues to enter into a tenancy agreement with this individual, the landlord will not have a statutory excuse and may be liable for a civil penalty. 

‘Occupier’ means an individual who is, or who will be, authorised to occupy the property under the residential tenancy agreement, whether or not they are named on that agreement. 

‘Passive authentication’ verification is the process of reading and verifying a chip and data as authentic using digital technology that can communicate with the documents data chip.

‘Permission to rent’ means permission allowed for a time-limited period by the Secretary of State for an individual to occupy premises under a tenancy agreement, who is disqualified from renting by virtue of their immigration status.

‘Permission to Enter’ also known as ‘Leave to Enter’. Immigration documents and guidance may refer to either term, both are acceptable. This means that an individual has permission from the Home Office to enter the UK.

‘Permission to Stay’ Also known as ‘Leave to Remain’. Immigration documents and guidance may refer to either term, both are appropriate. This means that an individual has permission from the Home Office to enter the UK.

‘Positive Right to Rent Notice’ (PRRN) means a positive confirmation of an individual’s right to rent from the Landlord Checking Service (LCS). This will provide the landlord with a statutory excuse for twelve months from the date specified in the Notice.  

‘Reasonably apparent’ in relation to a false document, means that a landlord conducting a right to rent check, who is not trained in the identification of such documents, could reasonably be expected to identify that the document is false when undertaking a careful but brief inspection, without the use of specialist or technological aids. This includes circumstances where it is reasonably apparent that the photograph or image of an individual on a document, or on an online right to rent check, does not correspond to the occupier to whom the right to rent check relates.

‘Relevant national’ is a British citizen or an Irish citizen, or an individual with settled status or pre-settled status granted under the EUSS.

‘Rent’ means an occupier’s regular payment to a landlord for the use of property or land.

‘Residential tenancy agreement’ an arrangement in any form (whether or not in writing) between parties that grants a right to occupy premises for residential use and provides payment of rent not including certain specified types of tenancy which are excluded from the right to rent provisions and are set out in Schedule 3 of the Immigration Act 2014.

‘Right to rent’ means allowed to occupy privately rented residential accommodation by virtue of qualifying immigration status. 

‘Right to rent digital verification service provider (RtR DVSP)’ is a service provider that enables people to digitally prove who they are, information about themselves or their eligibility to do something. RtR DVSPs are registered and can be used by landlords and their letting agents to conduct digital right to rent checks on holders of relevant DVSP documents and facial recognition checks according to the Right to Rent Office of Digital Identity and Attributes (OfDIA) Trust Framework and supplementary code.

‘Settlement’ also known as ‘Indefinite Leave to Remain’ means how an individual settles in the UK. This gives an individual the right to live, work and study in the UK for as long as they like and apply for benefits if they are eligible. This is sometimes referred to as ‘settled status’.

‘Statutory excuse’ refers to a landlord’s defence against liability for payment of a civil penalty, which can be obtained where they carry out prescribed right to rent checks before the occupier commences tenancy.

‘Subtenant’ means an individual who leases property from an occupier.

‘Tenant’ means an individual or individuals to whom the residential tenancy agreement is granted.

‘Valid application’ means individuals who comply with the validation requirement of an application process, including the enrolment of biometrics, if required, and the provision of evidence of nationality and identity.

‘We’ or ‘us’ in this code mean the Home Office. References to ‘you’ and ‘your’ mean the Landlord.

When was the Scheme introduced?

The Right to Rent Scheme applies only to residential tenancy agreements first entered into:

• on or after 1 December 2014 in Birmingham, Wolverhampton, Dudley, Sandwell and Walsall
• on or after 1 February 2016 in the rest of England

About this code of practice

This code updates the version issued in January 2024. It is the seventh version of the code and will come into force on 1 October 2026.  

Right to rent checks which were carried out in the prescribed manner prior to this code having effect will be considered by the Secretary of State in line with the version of the code which was in force at the time the right to rent check was made.

The first version of the code was in force between 1 December 2014 and 31 January 2016.

The second version of the code was in force between 1 February 2016 and 1 November 2020.

The third version of the code was in force between 2 November 2020 and 30 June 2021.

The fourth version of the code was in force between 1 July 2021 and 5 April 2022.

The fifth version of the code was in force between 6 April 2022 and 11 February 2024.

The sixth version of the code was in force between 12 February 2024 and 30th September 2026.

This code has been issued alongside the Landlord’s guide to right to rent checks.

Who is this code of practice relevant for?

This is a statutory code, approved by the Secretary of State and laid before the UK Parliament, which explains the actions a landlord can take to avoid liability for a payment of a civil penalty if they breach section 22 of the 2014 Act.

Section 22 prohibits a landlord from renting to an individual who does not have the right to rent. A statutory excuse under section 24 of the 2014 Act allows landlords (section 26 for agents) to be excused from paying a penalty for letting their property to someone disqualified from renting.

Landlords can establish a statutory excuse against liability for payment of a civil penalty by conducting a right to rent check before allowing adults to occupy rented accommodation.  A statutory excuse may be continuous or time-limited in relation to a particular occupier.

Landlords should not let property to an adult who cannot satisfy a right to rent check. Some checks will allow for an unlimited right to rent, while others will allow for a time-limited right to rent.  

Home Office officials will also have regard to this code when administering civil penalties under the 2014 Act. 

When this code of practice applies 

This code applies:  

• When calculating the penalty amount, where the breach of section 22 of the Act occurred on or after 1 October 2026; or 
• When determining liability, where an initial check on a prospective occupier, or a repeat check on an existing occupier is required on or after 1 October 2026  to establish or retain a statutory excuse. 

The date of the breach refers to the date of the most recent evidence of a landlord or their agent renting accommodation to an individual who is disqualified from renting, contrary to section 22 of the Immigration Act 2014. 

The version of the Code of Practice which applies will depend on the matter under consideration. The prescribed right to rent checks must be assessed against the code in force at the time the check was carried out. The applicable civil penalty amount will be determined by reference to the code in force at the date of the breach.

Summary of changes in this code of practice

• Improved clarity on when prescribed checks must be carried out to establish or retain a statutory excuse, reflecting current landlord guidance.
• Updates to the requirements for where a DVSP is used to mandate the use of registered providers.
• Clarification and expansion of the role of DVSPs, including the types of checks and technology that can be used for a right to rent digital check.
• Alignment with updated landlord guidance on digital right to rent checks, including simplified content for landlords and their agents and consistent use of DVSP terminology.
• Updates to the lists of acceptable documents to include digital versions of documents that can be verified by a landlord.

How to avoid discrimination

It is unlawful to discriminate against individuals on grounds of protected characteristics, including race, when entering into residential tenancy agreements. Those experiencing unlawful discrimination may claim compensation in the civil courts.  

A separate ‘Code of practice for landlords: Avoiding unlawful discrimination when conducting ‘right to rent’ checks in the private rented residential sector’ gives further advice on how to operate checking processes that are non-discriminatory and in accordance with statutory equalities duties. Landlords should apply checks to all adult occupiers, whether or not they may already believe the occupiers to be legally in the UK.  

How should this code of practice be used?

This is a statutory code. This means that it has been approved by the Secretary of State and laid before Parliament.

This code has been issued under section 32 of the 2014 Act. It sets out the actions a landlord should undertake to comply with the Scheme and establish a statutory excuse against liability for payment of a civil penalty. The code sets out how the Secretary of State will apply the relevant provisions of the 2014 Act, including:

• How the Secretary of State will consider whether a residential tenancy agreement grants a right of occupation of premises for residential use.
• How the Secretary of State will consider whether an individual is occupying premises as their only or main home.
• The actions a landlord should undertake to comply with the Scheme and establish a statutory excuse against liability for a civil penalty, including:
  • the reasonable enquiries a landlord should make to determine who will occupy their accommodation, whether or not those occupiers are named on the tenancy agreement.
  • the initial and follow up checks a landlord should perform, including the evidence they can rely upon to satisfy these checks.
• How the Secretary of State will consider the amount of the penalty which should be imposed under the Scheme.

2. Who can occupy residential accommodation

Under the Scheme, people will fall into two broad categories depending on their immigration status. The majority of individuals will have an unlimited right to rent. Others will have a time-limited right to rent. This section sets out information about who falls into these categories and also three further groups: those with no right to rent, those who have been given permission to rent and children.

Those with an unlimited right to rent

There are two groups of people who have an unlimited right to rent.  These are:

• Relevant Nationals (British or Irish citizens) as defined in section 21 of the Immigration Act 2014.
• People who have the right of abode in the UK, or who have been granted settlement or have settled status, including via the EUSS, or have no time limit on their permission to stay in the UK.

A landlord will not be liable for a civil penalty if they let accommodation for occupation by someone with an unlimited right to rent.

Those with a time-limited right to rent

Those who do not have an unlimited right to rent will have a time-limited right to rent if they have valid permission to stay, including pre-settled status, in the UK. They will therefore have a time-limited right to reside in the UK and will be able to provide documentary evidence (physical or digital) to demonstrate this. To maintain a statutory excuse against a penalty, a landlord will need to conduct follow up checks via Check a tenant’s right to rent in England: use their share code’.

Those with no right to rent

An individual is not permitted to occupy residential accommodation if they require permission to be in the UK and do not have it.  This means they do not have the right to rent. A landlord will normally be liable for a civil penalty if they authorise occupation of accommodation for use as an only or main home by an individual who does not have the right to rent.

Those who have been granted permission to rent

The Secretary of State may allow someone Permission to Rent, even though their immigration status means they would otherwise not have the right to rent.  A landlord will not be liable for a civil penalty if they let accommodation to an adult who has been given Permission to Rent by the Home Office.

The landlord must contact the Landlord Checking Service (LCS) for confirmation that the prospective occupier has been allowed Permission to Rent.  

Permission to Rent requests can be received via email, letter or telephone call, from the individual, their representatives or charities that support them. Applicants and/or their representatives can download a form via GOV.UK and submit the completed form by email to a dedicated inbox within the Children and Secondary Case Progression Unit (CSCPU) asking for Permission to Rent to be considered.

Children

The Scheme does not apply to children, and a landlord is not required to conduct a check on occupants under the age of 18.  A landlord can consider an individual to be a child where they are reasonably satisfied that they are not 18 years of age or over. Landlords may allow those who will turn 18 years of age during a residential tenancy agreement to continue to occupy property. A landlord is not required to conduct a right to rent check at the point the child turns 18 years of age.  However, where follow up checks are required for the existing occupiers, the now adult should be included in those checks when they are due.

3. Which letting arrangements fall within the Scheme?

Under the Scheme a landlord must not authorise any adult to occupy a property under a residential tenancy agreement which provides for the payment of rent unless they have a right to rent or have been granted permission to rent.

What is a residential tenancy agreement?

A residential tenancy agreement, either written or oral, means a tenancy that grants a right of occupation for a property for residential use, provides for the payment of rent (whether or not at market rent), and is not an excluded agreement. A tenancy includes any lease, licence, sublease, or sub-tenancy. An agreement will grant a right of occupation for residential use if it allows one or more adults the right to occupy the property as their only or main home, whether or not the property can be used for any other purpose.

The Scheme, therefore, applies to:

• Landlords (both businesses and individuals) who let accommodation with a lease or tenancy agreement.
• Occupiers who sublet their accommodation (including those in social housing), who will be landlords for the purposes of the Scheme.
• Landlords or occupiers who take in lodgers to share their accommodation with a licence to occupy the property.

A right to rent check should be carried out on all adult occupiers before a residential tenancy agreement is entered into, regardless of whether they are named in the tenancy agreement.  This includes where the tenancy is: 

• Varied – where a landlord agrees to the variation of a tenancy which grants the right of occupation to one or more new adult(s).
• Assigned – where a landlord agrees to the assignment of an existing and ongoing tenancy from one or more occupiers which grants a new adult(s) the right of occupation.
• Surrendered – where a landlord agrees to the surrender of an existing residential tenancy agreement and grants a further agreement starting from the time the surrendered tenancy ends, to one or more of the original occupiers and one or more new occupiers ‘a new joint tenancy’.

However, a residential tenancy agreement is not to be treated as being entered into for these purposes where:

• It arises by virtue of an order from a court, by or under any statutory provision, or by operation of law,
• It arises between the same parties at the end of a term granted by a residential tenancy as a result of a contractual right exercised by the tenant.

Property for use as an only or main home

The Scheme applies to all types of property that an individual will use as their only or main home (except for agreements excluded by virtue of Schedule 3 to the 2014 Act). For the purposes of the Scheme, a property will be considered an individual’s only or main home if:

• It is the only property they live in.
• They live between multiple properties, their individual, legal or family ties to that property are such that it is where they live their settled day-to-day life.

The use to which the property is put will need to be considered on a case-by-case basis. If in doubt, it is advisable for a landlord to assume that an individual intends to occupy the property as their only or main home. See section 5 for further information about the steps landlords should take to establish who will use the property as their only or main home.

Holiday accommodation

The Scheme only applies to residential tenancy agreements which allow someone to take up occupation as their only or main home. Holiday accommodation refers to properties usually let for leisure purposes for short periods to people who also maintain an only or main home elsewhere (whether in or outside of England). Holiday accommodation could be in a hotel, guesthouse, caravan, cottage, holiday apartment or elsewhere. As a guide, the Home Office would consider that bookings of three months or more may indicate that an individual is using the accommodation for a purpose other than leisure purposes and could be intending to use the accommodation as their only or main home.

If the booking is open ended, or the initial booking was time-limited but has subsequently been extended on one or more occasions such that the occupier appears to be using the premises as their only or main home, then it would be advisable to undertake right to rent checks.

House guests 

House guests, such as friends or family members, will not ordinarily be treated as an ‘occupier’ under the Scheme because a guest will generally not be living in the accommodation as their only or main home. A landlord should make reasonable enquiries at the time the residential tenancy is entered into (including when it is renewed or varied) and make an assessment based on those enquiries as to whether someone will be living on the premises as their only or main home.

Where an individual is living in accommodation as their only or main home and is paying rent to another occupier, they may be regarded as having entered into their own residential tenancy agreement with that occupier (as a sub-tenant or licensee) and it will fall to that occupier to conduct the right to rent checks. For further detail on sub-letting please see Transfer liability in section 4.

Excluded agreements

Some types of property and residential tenancy agreements are excluded from the Scheme. These are:

• Accommodation arranged by local authorities
• Accommodation provided by virtue of immigration provisions
• Social housing
• Care homes, hospitals and hospices and continuing healthcare provision
• Hostels and refuges
• Mobile homes subject to the Mobile Homes Act 1983
• Tied accommodation
• Student accommodation
• Long leases

Further information on excluded agreements can be found in the Landlord’s guide to right to rent checks.

4. Who may be liable for a penalty

Liability 

Responsibility under the Scheme lies with the landlord, that is the individual who authorises an occupier to occupy accommodation under a residential tenancy agreement that provides for the payment of rent. There are some circumstances in which responsibility for compliance with the Scheme can be transferred to another individual. These are described below in the Transfer of liability section. 

Transfer of liability – Subletting

If a sub-lets all or part of their accommodation for rent, they become the responsible landlord under the Scheme, unless responsibility for the right to rent checks is formally transferred in writing to the superior landlord.

The responsible landlord must carry out the required right to rent checks. If they allow someone to live in the property without completing the checks, they may face a civil penalty. A sub-letting tenant can ask their superior landlord to take responsibility for the sub-tenants. If the superior landlord agrees, they must confirm this in writing and will be responsible for carrying out the checks and for any penalties for non-compliance.

Where the superior landlord accepts responsibility, they are treated as having authorised the sub-tenants to occupy the property. They must therefore identify all occupiers, verify their right to rent, complete any required follow up checks (and reports, where required), or appoint an agent to do this on their behalf. If the superior landlord does not confirm acceptance of this responsibility in writing, the individual sub-letting remains the responsible landlord for the purposes of the Scheme.

Agents

Landlords may appoint an agent to conduct checks on their behalf but should keep a written agreement which should also make clear if the agent is to be responsible for the initial right to rent check and any follow up checks for those with a time-limited right to rent. Landlords are advised to agree the timescales the agent should follow when making the checks and the form that the agent should use to communicate these (written or verbal). Under this arrangement, the liability for civil penalties transfers to the agent, but liability cannot be transferred beyond the agent.   

Sitting occupiers and changes in landlord

Where a landlord acquires a property with sitting occupiers, they should confirm with the previous landlord that right to rent checks were carried out and retain evidence of this, such as copies of the documents (physical or digital) that were checked. Landlords must also note whether and when any follow up checks are required to maintain a statutory excuse against a civil penalty.  

If the tenancy was entered into before the Right to Rent Scheme came into force, the new landlord does not need to confirm that a right to rent check has been carried out. However, they should obtain and keep evidence of the tenancy start date. 

Where a disqualified individual with no right to rent is found to be in occupation and the landlord has changed since the tenancy was granted, liability for a civil penalty depends on the circumstances. If the occupier had no right to rent at the time the tenancy was granted, the original landlord will remain liable, even if the property has since been sold.

If an occupier had a right to rent when the tenancy was granted but later lost that right, and the required follow up checks were not carried out, the landlord at the time the breach is identified will be liable. This applies where the occupier’s permission to stay in the UK has expired and the landlord’s statutory excuse has also lapsed.

5. Application of this code of practice for landlords and their agents

You must conduct a right to rent check before you rent and permit occupancy to a prospective occupier to ensure they have lawful immigration status in the UK and are therefore allowed to rent. This includes everyone over the age of 18, including British citizens, who will use the property as their only or main home, even if they are not named on the tenancy agreement and regardless of whether the tenancy agreement is written, oral or implied. The completion of the right to rent check in line with this code of practice provides a statutory excuse against payment of a civil penalty.

The type of check you conduct will depend upon the occupiers nationality, what kind of permission they have to rent in England and where appropriate.

When to undertake an initial right to rent check

In order to establish a statutory excuse against a payment of a civil penalty, right to rent checks must be undertaken within specific time limits as prescribed:

• A check on an individual with an unlimited right to rent may be undertaken at any time before the residential agreement is entered into.
• A check on an individual with a time-limited right to rent must be undertaken and recorded no earlier than 28 calendar days (including Saturdays, Sundays and bank holidays) before the start date of the tenancy agreement.

However, there will be some limited circumstances where it is not possible to undertake checks before the residential tenancy is agreed. For instance, a prospective occupier may be overseas and wish to arrange accommodation for work or study in the UK in advance of their arrival. In these circumstances, landlords are permitted to check an individual’s right to rent before they take up occupation of the property, rather than before the start of the residential tenancy agreement.

Types of right to rent checks

To establish a statutory excuse in the event an occupier is found to be renting, despite not having the right to rent, landlords must do one of the following before entering into a tenancy agreement with a prospective occupier:

1. A manual right to rent check

2. A Home Office online right to rent check

3. A right to rent check using a RtR DVSP

For a step-by-step guide please refer to Landlords guide to right to rent checks.

The Home Office began issuing eVisas in 2018, with a wider rollout in 2024 as part of the transition to a fully digital immigration system. This means individuals who have been issued with an eVisa will only be able to evidence their right to rent using the Home Office online service.  

If an individual’s right to rent is time-limited, landlords must conduct a follow up right to rent check before the time-limited period comes to an end.

In some circumstances a landlord may be unable to demonstrate their right to rent as detailed above. Landlords can also use the Landlords Checking Service (LCS) online form where an individual has an outstanding application, administrative review or appeal, and their digital profile is not yet enabled to evidence this, or if their immigration status requires verification by the Home Office.

1. Conducting a manual document-based right to rent checks

Where permitted, landlords can conduct right to rent checks using an individual’s physical document(s). There are three basic steps to conducting an initial document-based right to rent check:

• Obtain original documents from List A or List B of the acceptable document list. this can include the authoritatively digitally issued version (if any).

• Check the documents are genuine and that the individual presenting them is the rightful holder whilst in their presence – in person or via video link to ensure documents are genuine and to detect impersonation by ensuring the photograph and dates of birth are consistent across documents and with the individual’s appearance.
  
  If the landlord wishes to use facial recognition technology, this must be carried out using a RtR DVSP. The RtR DVSP will provide a comparison verifying the image on the document and the match to the individual. Landlords must retain a copy of this comparison securely alongside a copy of the document checked. The landlord must provide the occupier reasonable opportunity to verify their identity, if the technology is unable to verify the images.  
  
  If documents are supplied to you in a digital format, you must take reasonable steps to verify that it was issued by (or on behalf) of the Government department or individual that issued the document. This includes checking the documents validity and source. Where a digital document is relied upon, landlords are strongly encouraged to use a RtR DVSP to carry out the identity check. 

• Copy each document clearly (front and back where applicable) in a format which cannot be manually altered, retaining the copies securely (electronically or hard copy) and retain a secure record of the date on which the check is made. For example: the date on which this right to rent check was made: [insert date].

If a landlord is given a false document, they will only be liable for payment of a civil penalty if it is reasonably apparent that it is false. “Reasonably apparent” means where an individual who is untrained in the identification of false documents, examining it carefully, but briefly, and without the use of technological aids could reasonably be expected to realise that the document in question is not genuine. 

For a step-by-step guide please refer to Landlords guide to right to rent checks.

2. Conducting a Home Office online right to rent check

Where an individual has an eVisa, landlords must use the Home Office online right to rent checking service to establish a statutory excuse by accessing the individual’s right to rent information using a share code. This service provides real‑time information directly from Home Office systems.

Where it is not possible to conduct a Home Office online right to rent check, landlords may only carry out a right to rent check using another prescribed method where the individual is able to demonstrate their right to rent using that method.

Where the online service cannot be accessed due to a technical issue, for example which results in the production of an incorrect share code, online right to rent check result or an individual is temporarily unable to generate a share code, landlords are able to use the Landlord Checking Service to obtain verification of the individual’s right to rent, where applicable.

Should the landlord be found to be renting to individuals without their identity and eligibility to rent being verified as prescribed in this code of practice, the landlord will not have a statutory excuse in the event the individual is found to be renting illegally and therefore will be liable for payment of a civil penalty.

When conducting a Home Office online right to rent check, including follow up checks, landlords must:

1. Use the Home Office online service to Check a tenant’s right to rent in England: use their share code. It is not sufficient to view the details provided to your occupier on the migrant part of the service Prove your right to rent to a landlord;

2. Check that the photograph on the online right to rent check is of the individual presenting themselves (i.e. the information provided by the check relates to the individual and they are not an imposter). This can be done in individual, video call or using facial recognition technology. If a landlord wishes to conduct this element of the check digitally, such as through facial recognition technology, this should be carried out using a RtR DVSP.

If the landlord wishes to use facial recognition technology, this must be carried out using a RtR DVSP. The RtR DVSP will provide a comparison verifying the image on the document and the match to the individual. Landlords must retain a copy of this comparison securely alongside a copy of the document checked. The landlord must provide the occupier reasonable opportunity to verify their identity, if the technology is unable to verify the images.  

3. Retain evidence of the online check with a clear copy of the response provided which includes the date (storing it securely electronically or in hardcopy) for the duration of the tenancy agreement and for one year after the tenancy has come to an end. The file must then be securely destroyed; and

If the Home Office online right to rent check confirm the individual does not have the right to rent in the UK, the landlord will not have a statutory excuse if they proceed with the tenancy. If they know or have reasonable cause to believe that they do not have the right to rent, or it is reasonably apparent the individual presenting themselves for the tenancy is not the individual to whom the right to rent check applies and begin the tenancy anyway, they risk committing a criminal offence.

Landlords may use technology to support them with the required steps to carry out an online check.  However, the landlord remains responsible for conducting the check in the prescribed manner to establish a statutory excuse.  The Home Office does not currently provide support to the use of technology for the purposes of carrying out online checks.

For a step-by-step guide please refer to Landlords guide to right to rent checks.

3. Conducting a right to rent check using a RtR DVSP

Digital identity verification, in the context of right to rent checks, is a secure and efficient digital process of obtaining evidence of a prospective occupiers right to rent, checking that it is valid and belongs to the individual presenting it, where this verification takes place through digital means.

The Data Use and Access Act 2025 (DUAA25), provides the legislative foundation for the digital checks that DVSPs have provided for the Scheme since 2022.

A RtR DVSP can provide a verification check of the following relevant DVSP documents:

• valid British or Irish Passport, including an Irish passport card (up to six months past the expiry date.^{[footnote 1]}
• acceptable documents from List A and List B from the acceptable documents list below, where they are provided to the DVSP by or on behalf of the individual who issued the document in a digital format.
• additionally, the RtR DVSP can provide facial recognition technology to enable landlords to confirm that the occupier is the same individual in respect of whom a right to rent check has been carried out.

Where an expired passport is relied upon for a DVSP check, verification must be carried out using passive authentication in accordance with the prescribed requirements.

It is mandatory that when choosing to engage the services of a DVSP to conduct right to rent checks, that the DVSP completing the check is registered on the Office for Digital Identities Attributes (OFDIA) register and has a note on the register to confirm that they can provide right to rent checks.

It is not mandatory to use a DVSP to conduct a right to rent check and landlords, their agents and occupiers can still choose to use other methods listed in this Code of Practice.

The chosen RtR DVSP will provide you with a notification confirming if the occupier has a right to rent and verification confirming that they are registered to provide right to rent checks.

You must satisfy yourself that the photograph and biographic details (for example date of birth) provided by the RtR DVSP following the check are consistent with the individual presenting themselves for a tenancy (i.e. the information provided by the check relates to the individual and they are not an imposter). This can be done in individual, by video call or using facial recognition technology provided by the RtR DVSP.

If the landlord wishes to use facial recognition technology, this must be carried out using a RtR DVSP. The RtR DVSP will provide a comparison verifying the image on the document and the match to the individual. Landlords must retain a copy of this comparison securely alongside a copy of the document checked. The landlord must provide the occupier reasonable opportunity to verify their identity, if the technology is unable to verify the images.  

You must retain a clear copy of the check for the duration of the tenancy and for one year after the tenancy has come to an end.

Should you be found to be letting to individuals without their identity and eligibility being verified in the prescribed manner, you will not have a statutory excuse in the event the individual is found to be renting illegally by reason of their immigration status. The landlord remains liable for any civil penalty if there is no statutory excuse.

List of acceptable documents for right to rent checks

Acceptable documents for establishing a statutory excuse when conducting a manual right to rent check are detailed in List A and List B, including where the document has been issued digitally by the authoritative source. 

List A contains the range of documents which may be accepted for checking purposes for an individual who has an unlimited right to rent in the UK (including British and Irish citizens). If landlords carry out the prescribed checks, they will establish a continuous statutory excuse for the duration of that individual’s tenancy. The landlord is required to check one document from List A (Group 1) or two documents from List A (Group 2). 

List B contains the range of documents which may be accepted for checking purposes for an individual who has a time-limited right to rent in England. If landlords carry out the prescribed checks, they will establish a time-limited statutory excuse. Landlords will be required to carry out a follow up check as set out below. 

Examples of the documents, how to check them and how to copy them can be found in the Right to Rent Checks: A user guide for tenants and landlords.

List A – Acceptable documents to establish a continuous statutory excuse

If a prospective occupier can produce either one document from group 1 or two documents from group 2 then they will not require a follow up check.

List A Group 1 – If a prospective occupier can produce one document from this group, then a continuous statutory excuse will be established

1. A passport^{[footnote 2]} (current or expired) showing that the holder is a British citizen, or a citizen of the UK and Colonies having the ‘right of abode’ in the UK.

2. A passport^{[footnote 3]} or passport card (in either case, whether current or expired) showing that the holder is an Irish citizen.

3. A document issued by the Bailiwick of Jersey, the Bailiwick of Guernsey or the Isle of Man, which has been verified as valid by the Landlord Checking Service , showing that the holder has been granted unlimited leave to enter or remain under Appendix EU(J) to the Jersey Immigration Rules, Appendix EU to the Immigration (Bailiwick of Guernsey) Rules 2008 or Appendix EU to the Isle of Man Immigration Rules.

4. A passport or other travel document (current or expired) endorsed to show that the holder is exempt from immigration control, is allowed to stay indefinitely in the UK, has the right of abode in the UK, or has no time limit on their stay in the UK.^{[footnote 4]}

5. An immigration status document (current or expired) containing a photograph issued by the Home Office to the holder with an endorsement indicating that the individual named in it is allowed to stay in the UK indefinitely or has no time limit on their stay in the UK.

6. A certificate of registration or naturalisation as a British citizen.

List A Group 2 – If a prospective occupier can produce any two documents from this group, then a continuous statutory excuse will be established

1. A birth certificate issued in the UK.^{[footnote 5]}

2. An adoption certificate issued in the UK.

3. A birth certificate issued in the Channel Islands, the Isle of Man or Ireland.

4. An adoption certificate issued in the Channel Islands, the Isle of Man or Ireland.

5. A letter which:

• (a) is issued by a government department or local authority no longer than three months before the date on which it is presented,
• (b) is signed by a named official stating their name and professional address,
• (c) confirms the holder’s name: and
• (d) confirms that the holder has accessed services from that department or authority or is otherwise known to that department or authority.

6. A letter which:

• (a) is issued no longer than three months before the date on which it is presented,
• (b) is signed by a British passport holder who is or has been a professional individual or who is otherwise of good standing in their community.^{[footnote 6]}
• (c) confirms the holder’s name,
• (d) states how long the signatory has known the holder, such period being of at least three months’ duration, and in what capacity,
• (e) states the signatory’s name, address, profession, place of work and passport number.

7. A letter issued by an individual who employs the holder no longer than three months before the date on which it is presented, which indicates the holder’s name and confirming their status as an employee and employee reference number or National Insurance number and states the employer’s name and business address.

8. A letter issued by a police force in the UK no longer than three months before the date on which it is presented, confirming that the holder has been the victim of a crime in which a document listed in List A (Group 1) belonging to the holder has been stolen and stating the crime reference number.

9. An identity card or document issued by one of His Majesty’s forces or the Secretary of State confirming that the holder is or has been a serving member in any of His Majesty’s forces.

10. A letter issued by His Majesty’s Prison Service, the Scottish Prison Service or the Northern Ireland Prison Service confirming that the holder has been released from the custody of that service no longer than six months before the date on which that letter is presented and confirming their name and date of birth.

11. A letter issued no longer than three months before the date on which it is presented by an officer of the National Offender Management Service in England and Wales, an officer of a local authority in Scotland who is a responsible officer for the purposes of the Criminal Procedure (Scotland) Act 1995 or an officer of the Probation Board for Northern Ireland confirming the holder’s name and date of birth and confirming that the holder is the subject of an order requiring supervision by that officer.

12. A current licence to drive a motor vehicle granted under Part 3 of the Road Traffic Act 1988 (to include the photocard licence in respect of licences issued on or after 1st July 1998) or Part 2 of the Road Traffic (Northern Ireland) Order 1981 (to include the photocard licence).

13. A certificate issued no longer than three months before the date on which it is presented, by the Disclosure and Barring Service under Part V of the Police Act 1997, the Scottish Ministers under Part 2 of the Protection of Vulnerable Groups (Scotland) Act 2007 or the Secretary of State under Part V of the Police Act 1997 in relation to the holder.

14. A document, or a screen shot of an electronic document, issued no longer than three months before the date on which it is presented, by His Majesty’s Revenue and Customs, the Department of Work and Pensions, the Northern Ireland Department for Social Development or a local authority confirming that the holder is in receipt of a benefit listed in section 115(1) or (2) of the Immigration and Asylum Act 1999.

15. A letter which:

• (a) is issued no longer than three months before the date on which it is presented,
• (b) is issued by a public authority, voluntary organisation or charity in the course of a scheme operated to assist individuals to secure accommodation in the private rented sector in order to prevent or resolve homelessness,
• (c) confirms the holder’s name,
• (d) states the address of a prospective tenancy which the authority, organisation or charity is assisting the holder to obtain.

16. A letter which:

• (a) is issued by a further or higher education institution in the UK,
• (b) confirms that the holder has been accepted on a current course of studies at that institution,
• (c) states the name of the institution and the name and duration of the course.

List B - Acceptable documents to establish a time-limited statutory excuse

If a prospective occupier can produce one document from this group, then a time-limited statutory excuse will be established.  A follow up check will be required within the timescales outlined in the Eligibility Periods section below. 

1. A passport or travel document which has not expired, endorsed to show that the holder is allowed to stay in the UK for a time-limited period. 

2. A current immigration status document issued by the Home Office to the holder, with a valid endorsement indicating that the holder has been granted limited leave to enter or remain in the UK.

3. A document issued by the Bailiwick of Jersey, the Bailiwick of Guernsey or the Isle of Man, which has been verified as valid by the Landlord Checking Service, showing that the holder has been granted limited leave to enter or remain under Appendix EU(J) to the Jersey Immigration Rules, Appendix EU to the Immigration (Bailiwick of Guernsey) Rules 2008 or Appendix EU to the Isle of Man Immigration Rules.

4. A document issued by the Bailiwick of Jersey or the Bailiwick of Guernsey, or Isle of Man, showing that the holder has made an application for limited leave to enter or remain under Appendix EU to the Jersey Immigration Rules or Appendix EU to the Immigration (Bailiwick of Guernsey) Rules 2008 or Appendix EU to the Isle of Man Immigration Rules (as the case may be), together with a Positive Right to Rent Notice issued by the Home Office Landlord Checking Service.  

5. A document issued by the Home Office, confirming an application for leave to enter or remain, under Appendix EU to the immigration rules (known as the EU Settlement Scheme or EUSS), made on or before 30 June 2021 together with a Positive Right to Rent Notice issued by the Home Office Landlord Checking Service. 

6. A Certificate of Application (CoA) (non-digital) issued by the Home Office showing that the holder has made an application for leave to enter or remain, under Appendix EU to the immigration rules (known as the EU Settlement Scheme or EUSS), on or after 1 July 2021, together with a Positive Right to Rent Notice issued by the Home Office Landlord Checking Service. 

7. A passport of a national of an EEA country, Australia, Canada, Japan, New Zealand, Singapore, South Korea or the USA who is a visitor to the UK together with evidence of travel to the UK that provides documentary evidence of the date of arrival in the UK in the preceding six months.

The Home Office Landlord Checking Service (LCS)

In certain circumstances, you may need to contact the Home Office Landlord Checking Service (LCS), using an online form to verify an individual’s right to rent and establish a statutory excuse. These include:

1. You are presented with a non-digital document (such as a Certificate of Application or other Home Office correspondence) confirming receipt of an application to the EU Settlement Scheme (EUSS), where verification is required through the Landlord Checking Service.

2. You are satisfied that the individual does not have acceptable evidence of their right to rent and is unable to provide a share code for an online check, but you have reason to believe that they have an outstanding application, appeal or other matter with the Home Office and are therefore known to the Home Office.

3. The individual has not been able to provide you with any acceptable documents or generate a share code because the individual has an outstanding application with the Home Office which was made before their previous permission to stay expired and, as a result, the individual is unable to provide evidence of their right to rent; 

4. The individual has a digital status error and has attempted to rectify this by contacting the Home Office helpline Resolution centre or Report an error-eVisa and they are still unable to provide you with evidence of a right to rent.

5. Is an asylum seeker or has an appeal pending against determination in respect of their asylum claim.

6. You consider that you have not been provided with any acceptable documents, but the individual presents other information indicating they are a long-term resident of the UK who arrived in the UK before 1988.

You should delay entering into a tenancy agreement until you have received a response from the LCS. The LCS will respond to your request with a clear ‘yes’ or ‘no’ response within two working days. This will only be sent to you by the LCS and will contain a unique reference number. The information provided by the LCS will clearly set out whether a follow up check will be required, and if so, when.

If positive confirmation is received, by way of a Positive Right to Rent Notice (PRRN) (a ‘yes’ response) from the LCS, the statutory excuse will last for 12 months from the date specified. You will then need to make a further check before the expiry date.

If a ‘no’ response is received from the LCS, you will receive a Negative Right to Rent Notice (NRRN). This will inform you that the individual does not have the right to rent, and if you rent to this individual, you will not have a statutory excuse and may be liable for a civil penalty or be committing a criminal offence.

If in a follow up check, the LCS informs you that your occupier no longer has a right to rent, by way of a ‘no’ response, you must make a report to the Home Office in order to maintain a statutory excuse. If you do not do this, your statutory excuse will expire.

If the LCS has not considered the request within two working days, an automatic response will be sent to the landlord informing them that they can let their property to the prospective occupier. The statutory excuse will last for 12 months, at which time you will need to carry out a further check to maintain your statutory excuse. Any response from the Home Office LCS must be retained in order to maintain a statutory excuse against liability for a civil penalty. 

Please note that the LCS is for the use of landlords and agents only.

Time-Limited Statutory Excuse - Eligibility Period

If a landlord is presented with a document in List B, they will establish a statutory excuse for a limited time period, “the eligibility period”.

The eligibility period will be the longest of the following:

• one year from the date the last checks were carried out;
• the date the individual’s permission to be in the UK expires; or
• the expiry date of the document that evidences the individual’s right to be in the UK.

A further check can take place at any time, such as when an occupier tells you that they have extended their immigration permission, however, to maintain a statutory excuse and avoid liability for payment of a civil penalty, the landlord must carry out a follow up check before the eligibility period expires.

When to carry out a follow-up check

You will establish a time-limited statutory excuse where the initial right to rent check confirms that an individual has a time‑limited right to rent.

This time-limited statutory excuse lasts until whichever of the following occurs last:

• 12 months from the date of the right to rent check
• the expiry of the individual’s permission to be in the UK; or
• the expiry of the validity of their document(s) evidencing their right to rent.

You must carry out a follow‑up check before the statutory excuse expires to maintain a statutory excuse against liability for a civil penalty.

A follow-up check should be carried out before the time-limited statutory excuse expires in order to maintain a statutory excuse. If a follow up check is carried out after the expiry date, you may be required to provide evidence explaining why the check was not conducted in time.

You should request evidence of the occupiers’ continued right to rent. If the occupier cannot produce this evidence you must make a report to the Home Office in order to maintain your statutory excuse. Once this report has been made you will no longer be liable for a civil penalty.

Where you rely on a ‘yes’ response from the Landlord Checking Service (LCS), this will establish a statutory excuse. Where the LCS provides a ‘no’ response, you must make a report to the Home Office to maintain a statutory excuse. Further detail on LCS responses and reporting requirements are set out above.

Nationals of an EEA country, Australia, Canada, Japan, New Zealand, Singapore, South Korea or the USA who are visitors to the UK

Nationals of the EEA, Australia, Canada, Japan, New Zealand, Singapore, South Korea, and the USA, who enter the UK as a visitor may use eGates, where available (including some juxtaposed ports) provided they hold a biometric passport. Those who do not hold a biometric passport will be processed by a Border Force Officer at the manned passport control point. 

In both cases, visitors will not normally receive a passport stamp. Those who are processed by an officer will be informed verbally of their permission to enter/remain and any associated conditions.

Those coming to live in the UK for more than six months will have an e-visa.

Visitors to the UK, including for short term study or business reasons are granted automatic Permission to Enter through the e-gates or granted leave to enter by a Border Force Officer for a maximum period of up to six months. As they will not usually receive a document to evidence their lawful status, these nationals may demonstrate a right to rent using their passport together with evidence of entry to the UK. In some cases, a passport may be endorsed with a stamp showing the date of entry. Where a stamp is present, a landlord may carry out a right to rent check using the passport and endorsement alone.

Acceptable evidence of entry to the UK may include (but is not restricted to) the following, provided it shows arrival in the UK within the last six months:

• An original or copy of a boarding pass or electronic boarding pass for air, rail or sea travel to the UK, establishing the date of arrival in the UK in the last six months.
• An original or copy airline, rail or boat ticket or e-ticket establishing the date of arrival in the UK in the last six months.
• Any type of booking confirmation (original or copy) for air, rail or sea travel to the UK establishing the date of arrival in the UK in the last six months.
• Any other documentary evidence which establishes the date of arrival in the UK in the last six months.

Under the Immigration Rules, upon arrival, non-visa nationals can be granted Permission to Enter the UK for up to six months from the date of their arrival. However, a different legislative framework governs the Scheme, purposely designed to minimise the frequency of checks a landlord needs to undertake. Where a right to rent check is conducted on the basis of the individual’s evidence of arrival to the UK (as listed above), landlords will obtain a statutory excuse for 12 months. A follow‑up check must be carried out before the end of the 12‑month eligibility period if the individual is still occupying the accommodation.

Making a report to the Home Office

Where a follow up check shows that an occupier no longer has a right to rent, or where an occupier fails to co-operate with the right to rent checking process, the landlord must make a report to the Home Office via an online form. The report must be made as soon as reasonably practicable after the issue is identified and before the time‑limited statutory excuse expires.

Landlords should not submit copies of documents when making a report but must retain copies of documents checked as required for initial right to rent checks. Submitting a report will generate a unique reference number, which must be kept as evidence of the landlord’s continued statutory excuse.

Making a report maintains a statutory excuse where the eligibility period has expired. However, a statutory excuse can only be established initially by carrying out the required right to rent checks before the start of the tenancy. A landlord who failed to conduct those checks cannot establish a statutory excuse by reporting at a later date.

6. How a civil penalty is administered

Breach

The Scheme is deemed to be breached if a landlord is letting to an individual who is disqualified from letting private residential accommodation by virtue of their immigration status. Where a potential breach of the Scheme is identified, the evidence will be considered by the Home Office Civil Penalty Compliance Team (CPCT) which is responsible for considering potential breaches of the Scheme and determining liability for civil penalties.

Evidence of potential breaches may arise from a range of sources, including operational enforcement visits, information sharing across government, or other information indicating that a landlord may be renting to a disqualified individual. Where a potential breach is identified through an enforcement visit the landlord may be served with a notice, which will inform them that they are being referred to CPCT for consideration of their liability for a civil penalty.

Information Request

The landlord will be sent an Information Request, providing an opportunity to supply further information or evidence of a statutory excuse. This information will be considered when determining liability for a civil penalty.

Decision

If the landlord is found liable for a civil penalty they will be issued with a Civil Penalty Notice. This Notice will include details of why the Home Office considers the landlord to be liable, the amount of the penalty, ways to pay, and information on how a landlord may object to the penalty. The Notice will be accompanied by a Statement of Case setting out the evidence and the reasons for the Home Office decision.

If a landlord is found not liable for a civil penalty, they will be issued with a No Action Notice which makes clear that no further action will be taken under the Scheme on this occasion and the case will be closed. This Notice will not be taken into account for the purposes of calculating penalty amounts in the event of any future breach of the Scheme.

Paying the penalty  

The landlord must pay the civil penalty by the date specified in the Civil Penalty Notice or object to the Notice.

The Scheme operates a Fast Payment Option (FPO). The FPO reduces the amount of the civil penalty due by 30 per cent, if this payment is made within 21 days of the Civil Penalty Notice being given.  The FPO is only available for landlords or their agents in receipt of their first penalty and cannot be paid in instalments.

A landlord may request to pay their civil penalty by instalments over an agreed period. In such cases, landlords or letting should provide full reasoning for their inability to pay the full penalty amount in one payment.  

Objecting to the penalty  

If the landlord receives a Civil Penalty Notice from the Home Office, they can object in writing within 28 calendar days of the due date specified in the Notice. Details of the reason for objecting must be supplied along with evidence supporting one or more of the acceptable grounds for objection as set out on the Objection Form. 

A landlord may object on one or more of the following grounds:

• They are not liable to pay the penalty (this could mean they are not the landlord of the illegal renter(s) identified);
• They have a statutory excuse (this means they carried out a right to rent check as required); and/ or
• The level of penalty is too high (this means the Home Office have calculated the amount of penalty incorrectly).

The Home Office will send an Objection Outcome Notice if the penalty is to be cancelled, reduced or maintained.

If the landlord objects to the penalty before the deadline specified in the Civil Penalty Notice, they will continue to be eligible for the Fast Payment Option.

If the landlord is still required to pay a penalty following objection, they will have 21 days to pay via the FPO (if applicable) and 28 days to pay in full, from the date specified in the Objection Outcome Notice. If the penalty is increased, a new Civil Penalty Notice will be sent. Each of these notices will include a Statement of Case. 

The Home Office will inform the landlord of the outcome of the objection within 28 days of receipt of the objection or by the date of any extension to the outcome as agreed with the landlord.

Appealing against the penalty

When a landlord’s objection against a civil penalty has determined they remain liable for a civil penalty, the landlord may then appeal to the County Court if they are not satisfied with the decision. The landlord must appeal to the Courts within 28 calendar days of either the date specified in the new Civil Penalty Notice, or the date specified on the Objection Outcome Notice. The deadline for appeal will be specified on the new notice.

A landlord should be aware that where an appeal is brought, the court may uphold the penalty, cancel it, or reduce the amount payable. If the landlord’s appeal does not succeed, the court may also order that they pay the reasonable costs or expenses of the Home Office in defending the appeal.

Where a landlord does not receive a response to their objection

Where a landlord has lodged an objection and has not received a response within 28 days of the date on which the Home Office is deemed to have received the objection, the landlord may proceed to lodge an appeal.

Enforcement

If the landlord does not pay the civil penalty in full or by instalments, or object or appeal, by the specified due dates, the penalty will be registered with the civil court, after which enforcement action may be commenced immediately. 

If a landlord is subject to immigration control and they are liable for a civil penalty, this will be recorded on Home Office systems and may be taken into account when considering any future immigration applications made to the Home Office.

7. Determining liability and calculating the penalty amount 

When considering a landlord’s liability for a civil penalty, the Home Office will follow the framework set out below.

Stage 1: Does the landlord have a statutory excuse?

Where a landlord has been found to be renting accommodation to an individual who is disqualified from renting by virtue of their immigration status, the Home Office will first determine whether the landlord has established a statutory excuse against payment of a civil penalty.

A landlord will have a statutory excuse where they have correctly carried out the prescribed right to rent checks before entering into the tenancy agreement, and where required, have correctly conducted any follow up checks and made any necessary reports to the Home Office.

Where an occupier has a time‑limited right to rent and a landlord has therefore established a time‑limited statutory excuse, the landlord must have conducted a follow up right to rent check in order to retain that statutory excuse.

It is the landlord’s responsibility to demonstrate that they have complied with the requirements to establish and, where necessary, retain a statutory excuse.

A landlord will not have a statutory excuse if, for example: 

• They cannot provide evidence that the prescribed right to rent checks were carried out before entering into a tenancy agreement.
• It was reasonably apparent that the individual presenting the document was not the rightful holder (including where an imposter was identified).
• It was reasonably apparent that a document relied upon was false.
• They relied on a DVSP check where it was reasonably apparent that the result was incorrect or that the prescribed checking requirements had not been met.
• They relied on an online check which was not carried out using the official GOV.UK right to rent checking service.
• The right to rent check showed that the individual did not have a right to rent in England; or
• The landlord’s time‑limited statutory excuse had expired.

If the landlord has a statutory excuse, they will not be liable for payment of a civil penalty. 

If the landlord has not established a statutory excuse, the Home Office will proceed to Stage 2.

Stage 2: Determining the level of breach.

Is this a first or repeat breach?

The Home Office will consider whether the landlord has previously been in breach of the Scheme within the preceding three years.

• Where a landlord has previously been issued with a Civil Penalty Notice under the Scheme and has exhausted all objection and appeal rights, the breach will be treated as a repeat breach.
• Where the landlord has not previously been in breach within the last three years, the breach will be treated as a first breach.

The outcome of this stage determines the applicable penalty level.

Stage 3: Determining the civil penalty amount

The civil penalty amount is determined by reference to:

• whether the breach is a first or repeat breach, and
• whether the disqualified individual is a lodger or an occupier.

Type of tenant	Penalty for first breach within the last three years	Penalty for repeat breach (within 3 years)
Lodger	£5,000	£10,000
Occupier	£10,000	£20,000

Faster Payment Option (FPO)

The Faster Payment Option (FPO) only applies to landlords who are liable for a first breach penalty within 3 years of either £5,000 or £10,000.

It only applies where the landlord pays the civil penalty within 21 calendar days of the Civil Penalty Notice or Objection Outcome Notice being issued. It does not apply where the landlord is given permission by the Home Office’s Shared Service Centre to pay the civil penalty in instalments.

Where the landlord qualifies for the FPO, the final penalty amount will be reduced from £5,000 to £3,500 per occupier (in the case of a lodger) or from £10,000 to £7,000 per occupier (in the case of an occupier). The 30% reduction will be off the final amount the landlord is liable for.

1. Where the document is an expired document, it must be verified through passive authentication. ↩

2. A clipped passport is a cancelled document (identified by the corners of certain pages in the passport being cut/removed) and therefore is not acceptable proof of right to rent. ↩

3. A clipped passport is a cancelled document (identified by the corners of certain pages in the passport being cut/removed) and therefore is not acceptable proof of right to rent. ↩

4. Definition includes those with a document which shows that the holder is entitled to readmission to the UK (RUK endorsement). ↩

5. Definition includes a full birth certificate issued by a UK diplomatic mission (British Embassy or British High Commission). ↩

6. See https://www.gov.uk/government/publications/landlords-guide-to-right-to-rent-checks for the full list of acceptable professional individuals. ↩