Check every adult occupier's right to rent before the tenancy is agreed

Residential tenancy agreements and lodger arrangements in England first entered into on or after 1 February 2016 (1 December 2014 in Birmingham, Wolverhampton, Dudley, Sandwell and Walsall), for all occupiers aged 18 or over, whether or not named on the agreement.

Carry out a prescribed check on every adult occupier before the tenancy is entered into: a Home Office online check using a share code (eVisa holders), a check via a registered digital verification service provider (mandatory if using identity document validation technology, from 1 October 2026), or a manual check of original acceptable documents in the occupier's presence. For people with time-limited permission, do the check no earlier than 28 days before the agreement is entered into and complete a follow-up check before the statutory excuse expires; report anyone who no longer has the right to rent to the Home Office. Check everyone, not only people you think are not British. Keep copies and the date of each check for the tenancy and at least one year after it ends.

Deadline

Before the start of the tenancy

Initial check before the tenancy agreement is entered into (not merely before move-in); for time-limited occupiers, no earlier than 28 days before that date. Follow-up checks before the statutory excuse expires (date given by the online service or by the document's expiry).

• Saved Home Office online check result or DVSP report
• Dated copies of documents checked
• Record of follow-up check dates
• Written agreement if a letting agent has accepted responsibility for checks

Civil penalty

Up to £20,000

Criminal offence

Yes, you can be prosecuted

Other consequences

Home Office civil penalty per adult occupier: lodger £5,000 (first) or £10,000 (repeat within 3 years); occupier £10,000 (first) or £20,000 (repeat). 30% reduction for paying a first-breach penalty within 21 days. Letting to someone you know or have reasonable cause to believe is disqualified is a criminal offence (Immigration Act 2014 s.33A): GOV.UK states up to 5 years' imprisonment or a fine. Ground 7B possession is available where the Home Office notifies you that a tenant has no right to rent (2 weeks' notice).

• Immigration Act 2014, s.22 (persons disqualified by immigration status not to be leased premises)legislation.gov.uk
• Immigration Act 2014, s.33A (offences: landlords)legislation.gov.uk
• Immigration Act 2014 (Residential Accommodation) (Maximum Penalty) Order 2024 (SI 2024/81): maximum £20,000legislation.gov.uk
• Immigration (Restrictions on Employment and Residential Accommodation) (Prescribed Requirements and Codes of Practice) (Amendment) Regulations 2026 (SI 2026/700), in force 1 October 2026legislation.gov.uk

Official guidance

Penalty amounts (in force since 13 February 2024) are taken from the Home Office code of practice and landlord's guide dated 1 October 2026. Biometric residence cards and permits are no longer accepted; eVisa holders prove status by share code. A letting agent can take on liability under a written agreement.