What the rule actually says #
Right to rent applies to residential property in England. GOV.UK tells landlords that before the start of a new tenancy they must check all tenants aged 18 and over, whether or not they are named on the tenancy agreement, and even where there is no written agreement at all.
There are three routes.
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A landlord or agent can check original documents themselves
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Use a registered Digital Verification Service to check the tenant's documents
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View the tenant's right to rent online using a share code the tenant provides
Where permission to stay is time limited, GOV.UK says a follow up check is needed, carried out just before the later of the date the permission expires or twelve months after the previous check.
Who carries the penalty #
This is the part that matters to an agency rather than a landlord. The Home Office code of practice says a landlord may appoint an agent to conduct checks, and should keep a written agreement making clear whether the agent is responsible for the initial check and any follow up checks. Where that agreement exists, liability for civil penalties transfers to the agent, and cannot be transferred beyond the agent.
The code of practice taking effect on 1 October 2026 sets the civil penalties out like this:
| Breach | Lodger | Occupier |
|---|---|---|
| First breach within three years | £5,000 | £10,000 |
| Repeat breach | £10,000 | £20,000 |
Why a five minute check costs an hour #
The check itself is quick. What is not quick is everything around it:
- Working out who the adult occupiers actually are, including the partner who moves in later
- Getting a share code out of a tenant who has never heard of one, or a clear image of a document
- Recording the check in a way that would satisfy someone asking about it in two years
- Knowing which tenancies have a follow up date, and when
- Finding the evidence again when the landlord changes agent, or the tenancy is audited
The last two are the expensive ones, because they are portfolio wide rather than tenancy wide. A single follow up date is trivial. Knowing, across four hundred tenancies, which eleven have a follow up due in the next month is a query, and if nobody has built the list, it is a manual trawl. That question belongs in the compliance diary with every other date.
Which parts run on rules #
Runs on rules
- Identifying which occupiers need a check
- Asking for what is needed
- Chasing when it has not arrived
- Filing the evidence consistently
- Calculating and holding the follow up date
- Producing a list of everything due
All of it is dates, documents and reminders.
Needs a person
- Looking at a document and deciding whether it is genuine and belongs to the person in front of you
- Handling a conversation with someone whose status is unclear
- Doing all of it without discriminating
The code of practice on avoiding unlawful discrimination exists precisely because this part needs human care and consistency, not automation.
What to look at first #
Two questions usually expose the state of it. First: if somebody asked today for the right to rent evidence on a tenancy from 2024, how long would it take to produce? Second: can anybody in the office name the tenancies with a follow up check due this quarter without opening more than one system? Where the answer to the second is no, the cost is not the check, it is the absence of a list.
The re-keying context is relevant here too. Of lettings professionals surveyed in a study reported on 3 September 2026, 61 per cent said staff transfer, re-enter or duplicate information between systems during a tenancy. Evidence that lives in three places is evidence that takes three searches. Start with tenancy setup, where the check sits, or count the admin with the free tools.