What are right to rent checks and what do I have to show?
Landlords in England must check that adult occupiers have the right to rent. What you can be asked for, the share code route, and why the scheme does not apply in the rest of the UK.
- Difficulty
- beginner
- Time
- 10 min
- Read
- 5 min
Short answer
The right to rent scheme applies in England only. A landlord or agent must check the immigration status of every adult who will occupy the property as their only or main home, before the tenancy starts. If you hold digital immigration status you generate a share code online and give it to the landlord; if you have a British or Irish passport you can show the document itself. Wales, Scotland and Northern Ireland have no such scheme.
The scheme puts an immigration check into the middle of an ordinary letting, which is why it is worth understanding before a viewing rather than during one. The two practical points are that it applies to every adult occupier and not only the named tenant, and that most people with immigration status now have no physical document at all, so the online share code is the only way to prove it.
Step by step
- Confirm it applies to you.England only, and only where the property will be the occupier's only or main home. It does not apply in Wales, Scotland or Northern Ireland, and it does not apply to some accommodation types including social housing allocations, care homes, refuges and some student accommodation.
- Expect it to cover everyone.Every adult who will live there as their main home must be checked, including people who are not named on the agreement. Tell the landlord who will be living there so the checks are done properly and once.
- British and Irish citizens: use a passport if you have one.A British or Irish passport, current or expired, is the simplest evidence. A certified digital identity service can also be used, in which case you upload documents and take a photograph rather than handing anything over.
- Everyone else: generate a share code.Use the GOV.UK 'prove your right to rent' service to generate a code, which is valid for a limited period. Give the code and your date of birth to the landlord, who checks it on the corresponding GOV.UK service. It is the only route for people whose status is digital.
- Know that biometric residence permits have gone.Physical permits were withdrawn and replaced with digital status. A landlord cannot rely on an expired card, so the online check is the route even if you still hold the plastic.
- Understand time-limited status.Where your permission to be in the UK has an end date, the landlord's check is time limited and must be repeated. Renewing your status in good time avoids an awkward follow-up.
- Know what a landlord may not do.They cannot require documents only from people who look or sound foreign, cannot refuse to consider you because checking seems inconvenient, and cannot treat a British passport as the only acceptable evidence. Discriminatory practice breaches equality law and there is a statutory code about it.
- Give the evidence early.Have the share code or the passport ready when you apply. A landlord choosing between applicants will favour the one whose paperwork is straightforward, and a share code takes a few minutes to generate.
- Keep a copy of what you provided.The code, the date and who you gave it to. If a dispute arises later about whether a check was done properly, that record is useful to you as well as to the landlord.
- Complain if you are treated unfairly.The agent's redress scheme, the council, and the Equality Advisory and Support Service. Refusing to rent to someone because of nationality or race, dressed up as a right to rent concern, is unlawful discrimination.
Tips
- Generate the share code before you start viewing. Codes have a limited life, so regenerate rather than reusing an old one.
- Tell the landlord about the Home Office landlord checking service if your status is pending. Most do not know it exists and it removes the obstacle.
- Keep a note of the code and the date you gave it. It occasionally matters later.
Common mistakes
- Turning up to a viewing without a share code — It takes minutes to generate online and it makes an application straightforward at exactly the moment a landlord is comparing applicants.
- Assuming an expired residence permit still works — Physical permits were replaced with digital status. A check on an expired card gives the landlord nothing, so the online route is the only one that works.
If it doesn't work
The landlord will not accept your share code
Cause: They do not know the check must be done on the landlord-facing service — Fix: Point them to the GOV.UK 'check a tenant's right to rent' page. Viewing the applicant's own screen does not give them the statutory protection they are looking for, which is why the correct service matters to them too.
You were asked for a passport when you have none
Cause: A landlord treating one document as the only option — Fix: Offer the share code route, or ask them to use the Home Office landlord checking service. Both are free and both give them the protection they need.
You are being asked for documents in Scotland
Cause: The landlord is applying an English scheme — Fix: Right to rent does not operate in Scotland, Wales or Northern Ireland. Say so politely. A landlord may still ask for identity and referencing documents, which is a different matter.
Questions people ask
Can I be refused a tenancy because of this?
A landlord in England cannot lawfully let to someone without the right to rent. What they cannot do is apply the check selectively, demand documents you are not required to produce, or use the scheme as cover for discrimination.
Do I need a share code if I have a British passport?
No. A British or Irish passport, or an Irish passport card, is direct evidence. The share code route is for people whose status is held digitally by the Home Office.
What if I have no documents at all?
Where you have an outstanding application or appeal, or no documents, the landlord can use the Home Office landlord checking service, which returns an answer allowing them to proceed. Tell them that service exists — many landlords do not know.
Does it apply to lodgers?
Yes, where a resident landlord takes a lodger who will live there as their only or main home in England. The same check applies.